Legal Opinion

Britt v. Hall

Supreme Court of Iowa

Decided May 14, 1902PublishedCited by 18 opinions

Appeal from Hamilton District Court. — How. B. P. Birlsall, Judge. Plainttee, claiming to be tibe illegitimate daughter of one Reuben S. Bennett, deceased, asks that she be decreed to be the sole surviving heir of the deceased, and entitled to receive the entire estate, both personal and real, of which' the said Reuben S. Bennett died seised, as against the defendants, who claim as collateral heirs. A decree was entered for plaintiff as prayed, from which defendants appeal. —

1Opinion of the Court

McClain, J. —

1

*5662 *565It appears that Reuben S. Bennett died •in Hamilton county, Iowa, in 1898, having lived in Iowa more than forty-four years, and accumulated a considerable estate. He was never married. Plaintiff was born in a town in Scioto county, Ohio, in 1854, the illegitimate child of one Eliza Dodge, who at that time resided with her parents across the street from the house where Reuben S. Bennett then resided with his parents. The contention of plaintiff is that Reuben S. Bennett ivas her father, and that, after the plaintiff had intermarried with one Henry C. Miller, and while she was…

2Cases cited5 opinions

  1. Alston v. AlstonSupreme Court of Iowa · 1901
  2. Daniels v. FosterWisconsin Supreme Court · 1870
  3. Simmons v. . HavensNew York Court of Appeals · 1886
  4. Sankey v. CookSupreme Court of Iowa · 1891
  5. McCorkendale v. McCorkendaleSupreme Court of Iowa · 1900

3Cited by18 opinions

  1. Warten v. BlackSupreme Court of Alabama · 1915
  2. Leffek v. LuedemanMontana Supreme Court · 1933
  3. Robertson v. CampbellSupreme Court of Iowa · 1914
  4. Tucker v. AndersonSupreme Court of Iowa · 1915
  5. McKellar v. HarkinsSupreme Court of Iowa · 1918

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