Marshall v. Bird

This appeal involves questions respecting the right of an illegitimate child to inherit by or through her putative father.

Peggy Jane Bird Marshall, appellant, filed a bill of complaint and affidavit of parenthood whereby she claimed Marguerite S. Bird’s (Marguerite) residuary estate through Code § 64.1-64 1 (the so-called “anti-lapse statute”) as the illegitimate child of Vance L. Bird (Vance), deceased. The appellees, W. B. Bird and others 2 (collectively, Bird), respondents in the court below, filed a demurrer and a special plea to the bill of complaint, both of which the trial court…