Smith v. Kelly's Heirs
Mississippi Supreme Court
The record shows that the plaintiff, Isabella Smith, formerly Isabella Kelly, was born in the state of Sonth Carolina ; that James Kelly, in that state, afterwards intermarried with her mother, and that she was the daughter of James Kelly; and her said father, Kelly, and the said Isabella with the other members of the family, some time in 1837 or 1838, removed to Carroll county, Mississippi, where they afterwards continued to reside.
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The record shows that the plaintiff, Isabella Smith, formerly Isabella Kelly, was born in the state of Sonth Carolina ; that James Kelly, in that state, afterwards intermarried with her mother, and that she was the daughter of James Kelly; and her said father, Kelly, and the said Isabella with the other members of the family, some time in 1837 or 1838, removed to Carroll county, Mississippi, where they afterwards continued to reside. That James Kelly died in Carroll county, about 1846 or 1847, and left both real and personal estate for distribution among his heirs, and the said appellant…
1Opinion of the CourtJustice Clayton
The wife of the petitioner was the daughter of James Kelly, born in South Carolina before his marriage with her mother. *170They afterwards intermarried in that State, and subsequently moved to Mississippi. The question is, whether she is entitled to a distributive share of the estate of her father, consisting both of realty and personalty.
By the laws of South Carolina, it would seem that such subsequent marriage does not legitimate the issue previously born. By the laws of this State, the subsequent marriage of the parties and acknowledgment of the father will legitimate such issue. Hutch. Code,…
2Cited by11 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Miller v. . MillerNew York Court of Appeals · 1883
- Allen v. CalifanoDistrict Court, D. Maryland · 1978
- Finley v. BrownTennessee Supreme Court · 1909
- Withrow v. EdwardsSupreme Court of Virginia · 1943
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