Legal Opinion

Bacon v. McBride

Supreme Court of Vermont

Decided January 15, 1860PublishedCited by 6 opinions

Ejectment for a tract of land in South Hero. Plea the gen-> eral issue, and trial by the court at the August Term, 1859, — i Addis, J., presiding.

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Ejectment for a tract of land in South Hero. Plea the gen-> eral issue, and trial by the court at the August Term, 1859, — i Addis, J., presiding. It appeared that Albert Bunnell, senior, died in the year 1809, seized and possessed of the land in question; that he left, a widow and three children, Polly, Matilda and Albert, who were also the children of his widow; that the land in question was set out as dower to his widow, Sally Bunnell, and that the reversion therein under the laws then in force, descended to his children in the following proportions, viz : to Albert, Jr., one-half, and to…

1Opinion of the Court

Redeibld, Ch. J.

The objection founded upon the right of illegitimate children to inherit from legitimate children of the *587same mother, is certainly rendered very plausible by the case of Burlington v. Fosby, 6 Vt. 88. But we think that case cannot be regarded as an authority, to the extent of the present case. The statute then in force, and the same in force in 1822, when this descent was cast, only provided that “ bastards shall be capable of inheriting and transmitting inheritance on the part of the mother.” This strictly extends no farther than to inheritance between the mother and the…

2Cited by6 opinions

  1. DickinsonSupreme Court of Connecticut · 1875
  2. Oklahoma Land Co. v. ThomasSupreme Court of Oklahoma · 1912
  3. Adams v. SneedSupreme Court of Florida · 1899
  4. Holmes v. AdamsSupreme Judicial Court of Maine · 1912
  5. McCully v. WarrickNew Jersey Superior Court Appellate Division · 1900

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