Rogers v. Weller
U.S. Circuit Court for the Northern District of Illnois
Action of ejectment [by George W. Rogers against Lafayette M. Weller] submitted to the court for trial upon the following facts as agreed upon by the parties. Theodore Rogers died intestate and without issue seized of the premises in question. He was the illegitimate son of Maria Purcell, who had also another illegitimate son, the plaintiff in this case. Maria Purcell died about 1840. Theodore Rogers died in 1869, unmarried and without issue.
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Action of ejectment [by George W. Rogers against Lafayette M. Weller] submitted to the court for trial upon the following facts as agreed upon by the parties. Theodore Rogers died intestate and without issue seized of the premises in question. He was the illegitimate son of Maria Purcell, who had also another illegitimate son, the plaintiff in this case. Maria Purcell died about 1840. Theodore Rogers died in 1869, unmarried and without issue. The plaintiff, George W. Rogers, the brother of Theodore, deceased, brings this suit to recover the property in question as heir-at-law of Theodore, his…
1Opinion of the Court
BLODGETT, District Judge.
The whole question turns upon the construction to be given to the statute of this state governing the descent of the property of illegitimates.
By the statute of 1S53, which is incorporated in Gross’ St. (volume 1, p. 807), as the 00th section of the statute of wills, it is provided: “.That the rule of descent of all property, of whatsoever kind or nature, real or personal, of any bastard or illegitimate person dying intestate in this state, or leaving property and effects therein, shall be as follows, to wit: On the death of any such person intestate, his or her…
2Cited by7 opinions
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- Sturner v. WeitemeyerWisconsin Supreme Court · 1906
- Wheeler v. Southern Railway Co.Mississippi Supreme Court · 1916
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