Legal Opinion

Eddie v. Eddie

North Dakota Supreme Court

Decided May 12, 1899PublishedCited by 16 opinions

Appeal from District Court, Grand Forks County; Fisk, J. Action by Henrick Ferdinand Eddie and Axel Eddie against Nickolai Eddie and others. Judgment for plaintiffs. Defendants appeal. The plaintiffs are the illegitimate children of decedent, born in the Kingdom of Norway, where they still reside, all acts of recognition by which it is claimed they became legitimated took place in Norway. In the absence of proof it will be presumed that the common law prevails there.

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Appeal from District Court, Grand Forks County; Fisk, J. Action by Henrick Ferdinand Eddie and Axel Eddie against Nickolai Eddie and others. Judgment for plaintiffs. Defendants appeal. The plaintiffs are the illegitimate children of decedent, born in the Kingdom of Norway, where they still reside, all acts of recognition by which it is claimed they became legitimated took place in Norway. In the absence of proof it will be presumed that the common law prevails there. Starr v. Peck, i Hill, 270; Throop v. Hutch, 3 Abb. Pr. 23; Abell v. Douglas, 4 Denio. 305; Holmes v. Boughton, 10 Wend. 75;…

1Opinion of the CourtYoung, J.

This is a contest between the two sets of children of one Henrick Nickolai Eddie, deceased, to determine the right oí succession to his estate. Eddie, the decedent, died in Grand Forks county October 9, 1886, without will, and possessed of considerable property, both personal and real, situated in that county. Henrick Ferdinand Eddie and Axel Eddie, who are plaintiffs herein, are the natural children of decedent. The defendants are his children by marriage, and are legitimate. The entire contest is as to the right of these natural children to share in the estate of their father by…

2Cases cited3 opinions

  1. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  2. Blythe v. AyresCalifornia Supreme Court · 1892
  3. In re the Estate of MageeCalifornia Supreme Court · 1883

3Cited by16 opinions

  1. Estate of LundCalifornia Supreme Court · 1945
  2. Allison v. BryanSupreme Court of Oklahoma · 1908
  3. Davidson v. Unknown Heirs of PetersonNorth Dakota Supreme Court · 1912
  4. Pfeifer v. WrightCourt of Appeals for the Tenth Circuit · 1930
  5. Kessler v. LoersSouth Dakota Supreme Court · 1956

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