Reynolds v. Hitchcock
Supreme Court of New Hampshire
Probate Appeal and Writ of Entry. Facts agreed. Transferred from the May term, 1903, of the superior court by Wallace, C. J. George H. Wallingford died in December, 1901, leaving no relative's in the ascending or descending lines, no brother or sister, and no descendant of a brother or sister other than the plaintiff, who is the illegitimate child of the decedent’s sister.
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Probate Appeal and Writ of Entry. Facts agreed. Transferred from the May term, 1903, of the superior court by Wallace, C. J. George H. Wallingford died in December, 1901, leaving no relative's in the ascending or descending lines, no brother or sister, and no descendant of a brother or sister other than the plaintiff, who is the illegitimate child of the decedent’s sister. The first proceeding is an appeal from a decree of the probate court awarding the personal estate to one Plitchcock, and the second is an action to recover the real estate of the decedent. The decree of the probate court…
1Opinion of the CourtRemick, J.
The single question in this case is whether a bastard and his issue can inherit from his mother’s collateral kindred.
By the common law of England, a bastard was the child of nobody. As he was related to nobody, he could neither inherit nor, except to his own issue, transmit by inheritance. Dickinson’s Appeal, 42 Conn. 491, 500 ; 1 Bl. Com. 459; 4 Kent 413; Schoul. Dom. Rel., ss. 276, 277 ; Rodg. Dom. Rel., ss. 579, 580. The common law oi‘ England in this respect became the common law of New Hamp shire (Bow v. Nottingham, 1 N. H. 260, 261) and quite generally of the United States. 24 Am. &…
2Cases cited7 opinions
- Cope v. CopeSupreme Court of the United States · 1891
- Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
- DickinsonSupreme Court of Connecticut · 1875
- Pratt v. AtwoodMassachusetts Supreme Judicial Court · 1871
- Moore v. MooreSupreme Court of Missouri · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Young v. BridgesSupreme Court of New Hampshire · 1933
- State v. ChavezNew Mexico Supreme Court · 1938
- Davis v. MilfordSupreme Court of South Carolina · 1910
- ROBIN C. v. SchweikerDistrict Court, D. New Hampshire · 1982