In re the Estate of Kennedy

OPINION

McAMIS, Special Judge.

This case originated as a Probate Proceeding in the Chancery Court of Hamilton County. The sole issue is the right of Randolph Kennedy, the illegitimate son of Charles Adolpho Kennedy, deceased, to take, under the statutes of descent and distribution, the balance of the personal estate of the deceased as his only heir at law.

The Chancellor sustained the right of the petitioning son to inherit and denied the claim of the State that, there being no heirs at law capable of inheriting, the property escheated to the State. The State has appealed and assigned the…