Croan v. Phelps' Adm'r
Court of Appeals of Kentucky
Case 32 — PETITION EQUITY — Appellants are the maternal kindred of the intestate, and therefore they . and not the widow inherit. (Gen. Stats., chap. 31, sec. 5; Idem, sub. sec., 9 of sec. 1; Idem, chap. 21, sec. 16; Cooley, The estate of a bastard descends in the maternal line to the mother, and she being dead her legal representatives succeed to her right.
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Case 32 — PETITION EQUITY — Appellants are the maternal kindred of the intestate, and therefore they . and not the widow inherit. (Gen. Stats., chap. 31, sec. 5; Idem, sub. sec., 9 of sec. 1; Idem, chap. 21, sec. 16; Cooley, The estate of a bastard descends in the maternal line to the mother, and she being dead her legal representatives succeed to her right. (Sutton v. Sutton, 87 Ky., 217; Gen. Stats., chap. 31, sec. 1, subsec. 1-6; Idem, sec. 5; Power v. Hafley, 85 Ky., 671; Drain v. Violett, 2 Bush, 157; MeKannie v. Baskerville, 7 S. W. Rep., 194; Swanson v. Swanson, 2 Swan , 459; Ross v.…
1Opinion of the Court
JUDGE HAZBLRIGG
delivered the opinion of the court.
Wesley Phelps, at- quite an advanced age, died in*214testate and without issue, the owner of a large estate in Bullitt county, Ky.
The proof is clear that he was the illegitimate son of Alice McDaniel, whose death preceded his some years. He left a widow who claims the entire property. It is also claimed by the descendants of the brothers and sisters of Phelps’ mother Alice; and the sole question presented upon this appeal is who takes the property. The lower court gave it to the widow, or rather to her devisees and legatees, she having died after…
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- Jackson v. JacksonCourt of Appeals of Kentucky · 1880
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