Legal Opinion

Estate of Traver

Wisconsin Supreme Court

Decided January 8, 1963PublishedCited by 2 opinions

1Opinion of the CourtGordon, J.

The problem before the court is whether Charles Sommers, who claims to be the illegitimate progeny of the deceased, James Traver, may qualify as the latter’s heir under the provisions of sec. 237.06, Stats.

At common law an illegitimate child had no right of inheritance from his father. Ballentine v. De Sylva (9th Cir. 1955), 226 Fed. (2d) 623, 632, affirmed, 351 U. S. 570, 76 Sup. Ct. 974, 100 L. Ed. 1415. An illegitimate child was thought to be “the son of nobody. Being the son of nobody, he has no ancestor.” Estate of Shriver (1946), 159 Pa. Super. 314, 317, 48 Atl. (2d) 52.

Many states…

2Cases cited7 opinions

  1. De Sylva v. BallentineSupreme Court of the United States · 1956
  2. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  3. Reilly v. ShapiroSupreme Court of Minnesota · 1936
  4. State v. FriedlWisconsin Supreme Court · 1951
  5. Richmond v. TaylorWisconsin Supreme Court · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re Trust of ParsonsWisconsin Supreme Court · 1973
  2. Estate of BohnsackWisconsin Supreme Court · 1963

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