State, Use of Holt v. Try, Inc.

This appeal comes to us on a stipulated statement of the case and an order of the trial court under the provisions of Rule •826 g. The sole question presented, a narrow one, is:

“May the illegitimate children of a deceased father recover under the provisions of the Code (1957), Article 67 [Lord Campbell’s Act] for the wrongful death of their putative father where the mother of such decedent is living and is a use-plaintiff in the same proceeding to recover for such alleged wrongful death?”

The appellants contend that the question should be answered in the affirmative, arguing that a reading of…