Kaywood v. . Barnett

The defendant in his answer admitted that he was the administrator of Thomas Kaywood, Sr., but denied that the plaintiffs were the next of kin of his intestate. He alleged that his wife, Ann, was the legitimate and only child and next of kin of his intestate.

The court thereupon ordered two issues to be made up and submitted to a jury: 1. Were the petitioners the next of kin of Thomas Kaywood, Sr., deceased? 2. Was Ann, the wife of the defendant, the legitimate daughter of the said deceased?

On the trial of these issues at Burke, on the last circuit, before his Honor, Judge Nash, the…