Illegitimate children are those who are born out of lawful wedlock. At common law such a child is the heir of no one, and can have no heirs save those of his body.590 Now, in most states, an

582 Ante, p. 2.

583 See ante, pp. 80, 102, 115.

584 Belton v. Summer, 31 Fla. 139, 12 South. 371; Merrill v. Daffln, 24 Fla. 320. 4 South. 80G; Bushby v. Dixon, 3 Barn. & 0. 298; Stainback v. Harris, 115 N. C. 100, 20 S. E. 277.

585 But it is changed now in England. Goodale v. Gawthorne, 2 Smale & G. 375; Richards v. Richards, Johns. Eng. Ch. 754.

586 1 stim. Am. St. Law, §§ 2844, 3136. 587 l Dembitz, Land Tit. 228.

588 1 Stim. Am. St. Law, § 3136.

5 89 But see where the child Is born before the sale. Massle v. Hlatt's Adm'r, 82 Ky. 314.

590 Cooley v. Dewey, 4 Pick. (Mass.) 93; Bent's Adm'r v. St. Yram, 30 Mo. 268; Hicks v. Smith, 94 Ga. 809, 22 S. E. 153; Stover v. Boswell's Heir, S Dana (Ky.) 233. The issue of void marriages are in some states legitimate.

§ 284)


Illegitimate child inherits from the mother equally with legitimate children,591 and may take through the mother. In many states also illegitimate children inherit from the father if they have been acknowledged by him. In some they take from the father and mother when there are no other heirs; that is, they take only to prevent escheat. In a few states illegitimate children inherit from brothers and sisters, and in most states the mother inherits from an illegitimate child. In many states a subsequent marriage of the parents legitimizes the children, and makes them capable of inher iting, like children born in lawful wedlock.592