Morrow v. Scott
Supreme Court of Georgia
In Equity, in Putnam Superior Court. Decision on demurrer, by Judge Merriwetiier, September Term, 1849. Ewing T. Morrow died intestate, leaving a large estate. His next of kin, and distributees at law, were his first cousins, of whom several were in life. Within the period of gestation after his death, Mary M. Morrow, another first cousin, was born, and filed a bill by her guardian, claiming a distributive share.
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In Equity, in Putnam Superior Court. Decision on demurrer, by Judge Merriwetiier, September Term, 1849. Ewing T. Morrow died intestate, leaving a large estate. His next of kin, and distributees at law, were his first cousins, of whom several were in life. Within the period of gestation after his death, Mary M. Morrow, another first cousin, was born, and filed a bill by her guardian, claiming a distributive share. On demurrer, the Court dismissed the bill, and that decision is brought up for review.
1Opinion of the Court
*537By the Court. —
Warner, J.
delivering the opinion.
[1.] The only question made by the record in this case for our judgment is, whether the first cousin of the intestate, in ventre sa mere, at the time of his death, but born within the usual period of gestation thereafter, is entitled to a distributive share of such intestate’s estate.
We are of the opinion, both upon principle and authority, that a child in ventre sa mere, at the time of the death of the intestate’s ancestor, who is born within the usual period of gestation thereafter, is entitled to a distributive share of such deceased…
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