Miller v. Williams
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. William W. Fabwell, Judge, presiding. This was an action of ejectment, by the appellees against the appellant, to recover certain real estate in the city of Chicago, describing themselves in the declaration as the next of kin to the mother of the purchaser, Theodore Bogers.
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Appeal from the Circuit Court of Cook county; the Hon. William W. Fabwell, Judge, presiding. This was an action of ejectment, by the appellees against the appellant, to recover certain real estate in the city of Chicago, describing themselves in the declaration as the next of kin to the mother of the purchaser, Theodore Bogers. The defendants below pleaded specially that Theodore Bogers acquired, by purchase, an estate in fee simple in the lands mentioned, and held them until he died intestate, July 13, 1869, without widow, children or mother surviving him; that the intestate was the…
1Opinion of the CourtJustice Sheldon
In order for the appellees, who were the plaintiffs below, to maintain their title, they must be the “néxt of kin” to Maria Purcell, deceased.
Do they fulfill that description, being her cousins, while there remains surviving her an illegitimate child, George W. Bogers ?
At the common law, with respect to inheritances, it is to be admitted that a bastard ivas the son of nobody, and of kin to nobody. But our statutes have, to a great extent, removed the incapacity of such a person to be heir to any one, or to have heirs except of his own body.
The statute of February 12, 1853, (Laws of 1853, p.…
2Cited by5 opinions
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