Town of Burlington v. Fosby
Supreme Court of Vermont
This was an appeal from the decree of the probate court for the district of Chittenden, in relation to the estate of one Thomas Jackson, late of Burlington, deceased, intestate, and, as the town of Burlington alleged, without legal heirs. The town claimed the estate as an escheat for the use of schools. Rhoda Fosby, on the other hand, claimed title to it as heir at law of said Thomas, the intestate.
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This was an appeal from the decree of the probate court for the district of Chittenden, in relation to the estate of one Thomas Jackson, late of Burlington, deceased, intestate, and, as the town of Burlington alleged, without legal heirs. The town claimed the estate as an escheat for the use of schools. Rhoda Fosby, on the other hand, claimed title to it as heir at law of said Thomas, the intestate. The appeal having been entered in the supreme court, an issue was directed to be formed and tried in the county court, to determine the question whether the said Rhoda was legal heir of the…
1Opinion of the Court
The opinion of the court was pronounced by
Mattocks, J.
— The only question presented in this case is, whether “ one illegitimate child can inherit to another illegitimate child of the same mother.”
The 77th section of the probate act declares, that “ Bastards shall also be capable of inheriting and transmitting inheritance on the part of the mother, as if legally begotten of such mother.” What language could be more intelligible ? What can it'mean, unless it be that among mothers and children of this description, property shall be inherited — that is, attainable by succession, and transmissible…
2Cited by10 opinions
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- Emily Berry v. D.W. PowellTexas Supreme Court · 1907
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