In Re Estate of Klingaman

Southerland, Chief Justice:

James Russell Klingaman died in 1952 intestate, unmarried and without issue. He left to survive him a half-sister, an illegitimate child. The common mother had predeceased him. The nearest other kindred are cousins. The sister was appointed administratrix of his estate, which consisted solely of personalty.

The question before us is whether the sister is capable of inheriting her half-brother’s estate. The answer depends upon the construction to be given to the Delaware statutes dealing with the rights of inheritance of illegitimate children.

The rule of the common…