Legal Opinion

Houston v. Davidson

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 14 opinions

Equity. Illegitimates. Rules of inheritance. Tried before Judge Schley. Chatham Superior Court. May Term, 1871. This was a bill in equity, filed by William Davidson and Rose Brice, formerly Davidson, against William J. Campbell, as administrator upon the estate of Susan Jackson, deceased, and the distributees of said estate.

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Equity. Illegitimates. Rules of inheritance. Tried before Judge Schley. Chatham Superior Court. May Term, 1871. This was a bill in equity, filed by William Davidson and Rose Brice, formerly Davidson, against William J. Campbell, as administrator upon the estate of Susan Jackson, deceased, and the distributees of said estate. The bill set forth that, about the commencement of this century, a woman named Dolly, a free person of color, became the mother successively of the following named children, to-wit: Susan Jackson, Hettie Houston, Elizabeth Houston, Richard Houston, Robert Houston, and…

1Opinion of the Court

McCay, Judge.

The progress of civilization and the spread of correct ideas has now almost obliterated the old notion that illegitimates are outcasts. They do not inherit from the father, because the marriage tie — the proof that they are his children — does not exist between him and the mother. But no such proof being needed, as to their connection by blood with the mother, or with the brothers and sisters of her womb, they inherit.

*577It is in Georgia, now, only a question of legal proof of blood connection, since now legitimates and illegitimates inherit equally from the mother, and a legitimate…

2Cited by14 opinions

  1. Dawson v. ShaveSupreme Court of Georgia · 1926
  2. Johnstone v. TaliaferroSupreme Court of Georgia · 1899
  3. Goodell v. YezerskiMichigan Supreme Court · 1912
  4. Broward v. BrowardSupreme Court of Florida · 1928
  5. Douglas v. CameronNebraska Supreme Court · 1896

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