Sutton v. Sutton
Court of Appeals of Kentucky
Case — 41—PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. The child of a bastard, although legitimate, can not inherit from the bastard brother or sister of his bastard parent. The statute enabling bastard brothers and sisters of the same mother to inherit from each other does not enable the children of a bastard who is dead to inherit from the bastard brothers and sisters of the deceased parent.
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Case — 41—PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. The child of a bastard, although legitimate, can not inherit from the bastard brother or sister of his bastard parent. The statute enabling bastard brothers and sisters of the same mother to inherit from each other does not enable the children of a bastard who is dead to inherit from the bastard brothers and sisters of the deceased parent. (General Statutes, chapter 31, section 5; Lathrobe v. Bank of Sciota, 8 Dana, 121; Blackstone, volume 1, page 569; Ibid., volume 2, page 247; Stevenson, &c., v. Sullivan, 5 Wheat., 260;…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Tliis appeal presents but one question. Can the legitimate children of a bastard inherit from the bastard brother of their parent, who dies after the death of such parent?
At the common law a bastard is nullius films. Blackstone says that he is of kin to no one; derives no inheritable blood from any one, and can, therefore, neither be heir to any one, or have heirs, save of his *218own body. It was provided, however, by our statute of descents in 1796 :
“Bastards also shall be capable of inheriting or transmitting inheritance on the part of their mother,…
2Cases cited5 opinions
- Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
- Jackson v. JacksonCourt of Appeals of Kentucky · 1880
- Scroggin v. AllanCourt of Appeals of Kentucky · 1834
- Berry v. Owens' heirsCourt of Appeals of Kentucky · 1869
- Allen v. Ramsey's heirsCourt of Appeals of Kentucky · 1859
3Cited by12 opinions
- In re Garr's EstateUtah Supreme Court · 1906
- Barth v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1920
- Foster v. LeeSupreme Court of Alabama · 1911
- Moore v. MooreSupreme Court of Missouri · 1902
- J.A.S. v. BushelmanKentucky Supreme Court · 2011
7 more not listed; retrieve them via the Exa API.