Legal Opinion

Sams v. Sams' Administrator

Court of Appeals of Kentucky

Decided March 19, 1887PublishedCited by 37 opinions

Case 53 — PETITION EQUITY APPEAR PROM ESTILL CIRCUIT COURT. The statute is conclusive as to the legitimacy of appellants. The statute applies where any man, whether married or single, has children by a woman and afterwards marries her, provided he recognizes the children as his. The question of public policy is one to be addressed to the Legislature and not to the courts, which must enforce the law as they find it.

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Case 53 — PETITION EQUITY APPEAR PROM ESTILL CIRCUIT COURT. The statute is conclusive as to the legitimacy of appellants. The statute applies where any man, whether married or single, has children by a woman and afterwards marries her, provided he recognizes the children as his. The question of public policy is one to be addressed to the Legislature and not to the courts, which must enforce the law as they find it. (Gen. Stats., chap. 31, sec. 6; Jackson v. Lewis, 17 Johns., 477; Maillard v. Lawrence, 16 How. (IJ. S.), 260-1; 9 Barbour, 161; 2 Cranck, 358; Potter’s Dwarris, 126, 143, 200 and…

1Opinion of the CourtChief Justice Pbyob

Leroy Sams died in the county of Estill in the year 1885, intestate, leaving surviving him his widow, Ann ’Sams, who was his second wife, and four children by his first marriage. He owned land of considerable value, and personal estate valued at twenty-five or thirty thousand dollars. His last wife, at the time of their marriage, was the mother of seven children, all of whom were born out of lawful wedlock, she never having married until her marriage with the intestate. Fannie and Nancy, two of these illegitimate children, asserted a. claim to an equal interest in the estate with the children…

2Cited by37 opinions

  1. In Re Tyler's EstateWashington Supreme Court · 1926
  2. Bowman v. HamlettCourt of Appeals of Kentucky · 1914
  3. In Re Wray's EstateMontana Supreme Court · 1933
  4. Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
  5. Fidelity & Columbia Trust Co. v. MeekCourt of Appeals of Kentucky (pre-1976) · 1943

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