In Re Wehr's Estate

The main question involved is: May a nonresident illegitimate nominate an administrator under the provisions of subdivision 2 of section 10072, Rev. Codes 1921? We contend that he is not such a "child" as is mentioned in that section or in section 10068, and therefore has not the right of nomination in the present premises.

In McDonald v. Southern Railway, 71 S.C. 352, 51 S.E. 138, 110 Am. St. Rep. 576, 2 L.R.A. (n.s.) 640, the court adopts with approval the following language: "It is a well-recognized rule of construction that prima facie, the word `child' or `children' when used in a statute…