Legal Opinion

Allen v. Ramsey's heirs

Court of Appeals of Kentucky

Decided February 8, 1859PublishedCited by 4 opinions

CASE 55 — PETITION EQUITY APPEAL FROM UNION EQUITY AND CRIMINAL COURT. The facts appear in the opinion of the court. Whether appellant be the legitimate son of Nancy Allen, or a bastard, he is entitled, through his mother, to a share in Ramsey’s estate. {Rev. Stat., sec. 5, p. 280; sec. 18, Act of 1796, 1 Stat. Law, 565; Act of 1840, 3 Stat. Law, 211.) The question of his legitimacy cannot be urged against him when he is claiming property under and through his mother.

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CASE 55 — PETITION EQUITY APPEAL FROM UNION EQUITY AND CRIMINAL COURT. The facts appear in the opinion of the court. Whether appellant be the legitimate son of Nancy Allen, or a bastard, he is entitled, through his mother, to a share in Ramsey’s estate. {Rev. Stat., sec. 5, p. 280; sec. 18, Act of 1796, 1 Stat. Law, 565; Act of 1840, 3 Stat. Law, 211.) The question of his legitimacy cannot be urged against him when he is claiming property under and through his mother. He stands relieved from any disability when thus claiming. The appellant, being a bastard, cannot inherit from his mother’s…

1Opinion of the Court

JUDGE STITES

delivered the ohnion of the court:

Charles Ramsey died in Union county in 1854, seized of a considerable estate in land and slaves, but leaving, neither wife nor children.

This action was brought by the children of his deceased brothers, William and Alexander Ramsey — claiming to be his solé heirs-at-law — for a sale and distribution of his estate.

Pending the action, John Allen, the appellant, came in by petition, and asserted claim to a distributable share of the estate as one of the children of Nancy Allen, deceased, formerly Nancy Ramsey, sister of Charles Ramsey, who, it seems,…

2Cases cited3 opinions

  1. Scroggin v. AllanCourt of Appeals of Kentucky · 1834
  2. Stover v. Boswell's HeirCourt of Appeals of Kentucky · 1835
  3. Remmington v. LewisCourt of Appeals of Kentucky · 1848

3Cited by4 opinions

  1. Fidelity & Columbia Trust Co. v. MeekCourt of Appeals of Kentucky (pre-1976) · 1943
  2. Sutton v. SuttonCourt of Appeals of Kentucky · 1888
  3. Croan v. Phelps' Adm'rCourt of Appeals of Kentucky · 1893
  4. Jackson v. JacksonCourt of Appeals of Kentucky · 1880

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