Reports of Civil And Criminal Cases Decided By ..., volume 13; volume 95

Cover Reports of Civil And Criminal Cases Decided By ..., volume 13; volume 95
Reports of Civil And Criminal Cases Decided By ..., volume 13; volume 95
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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Ross.
any one of either of those classes can inherit from him, certainly a reputed brother of a bastard by the same father can neither inherit from or transmit an inherit- ance to him.
The lower court does not, however, seem to have wholly ignored such construction of that section, but basert its judgment, as therein stated, upon supposed apph- cation to cases like this of section 9 as follows : " If an intant dies without issue, having title to real estate devised by gift, devise or descent, f
...rom one of his parents, the whole shall descend to that parent, and his or her kin- dred as hereinbefore directed, if there be any ; and if none, then in like manner to the other parent, or his or her kindred," etc.
But that section was adopted in reference to the com- mon law rule of descents and distribution. Consequently, tlie word ''parent" as therein used must be understood a legal j^arent, as the word ''infant" was intended to apply alone to a person born in lawt\d wedlock. For m contemplation of the common law bastards, being ntfldtjs Jlf/'i^ have n(» parent, and are incapable of inheriting or tninsmittiiig an inlieritance to any peison except to their immediate issue.


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