Willoughby v. Motley
Court of Appeals of Kentucky
Case 44 — PETITION EQUITY — APPEAL PROM ALLEN CIRCUIT COURT. 1. The circumstances proved show an enforceable contract by the- . father with the mother of his bastard child to support the child, and make her his heir as if born in lawful wedlock. Such an agreement can be enforced by the child.
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Case 44 — PETITION EQUITY — APPEAL PROM ALLEN CIRCUIT COURT. 1. The circumstances proved show an enforceable contract by the- . father with the mother of his bastard child to support the child, and make her his heir as if born in lawful wedlock. Such an agreement can be enforced by the child. (Clark v. McEarland,. 5 Dana, 47; Burgen v. Straughan, 7 J. J. Mar., 583.) 2. Even if the agreement can not be specifically enforced, the child is entitled to recover' for a breach of it. (Benge v. Hiatt’s. Adm’r, 6 Ky. Law Rep., 714.) 3. The proof shows that the father was prevented from making…
1Opinion of the Court
JUDGE HOLT
delivered tee opinion op the court.
This is an action by Sallie Willoughby and her husband, W. W. Willoughby, against E. C. Motley, only son and heir-at-law, and also administrator •of the estate of James Motley, who died intestate, to recover judgment for one-half of $1,560.39, the alleged balance found in his hands after settlement ■of his accounts, and for an equal division of the 'real estate left by the intestate.
It is alleged in the petition and amended petitions "that Sallie Willoughby, about fifty-one years of age, is the illegitimate daughter of James. Motley, deceased, and…
2Cited by13 opinions
- Wall v. Estate of McEnneryWashington Supreme Court · 1919
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
- Renz v. DrurySupreme Court of Kansas · 1896
- Davis v. Jones' Adm'rCourt of Appeals of Kentucky · 1893
- Carter v. CapshawCourt of Appeals of Kentucky (pre-1976) · 1933
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