At common law, a child born out of wedlock was regarded as filius nullius, and as consequently bearing no relationship to any persons other than his own offspring. Consequently he could be the heir neither of his own father or mother, nor of any other person, and no persons could inherit from him except the heirs of his body.66 This rule has been changed generally in this country by various statutory provisions. In the first place, the state statute frequently provides that the intermarriage of the parents after the birth of the child, or such intermarriage when accompanied by the father's acknowledgment of the child, shall render the child legitimate, and in some states the acknowledgment by the father without intermarriage has this effect, subject to the proviso, usually, that an acknowledgment of the child shall not enable the child to inherit from the kindred of the father.67

62. In re North's Estate, 48 Conn. 583; Nash v. Cutler, 16 Pick. (Mass.) 491; Crowell v. Clough, 23 N. H. 207; Perkins v. Simons, 28 Wis. 90; In re Fort's Estate, 14 Wash 10, 44 Pac. 104.

63. Driskell v. Hanks, 18 B. Mon. (Ky.) 855; Goodrich v. Adams, 138 Mass. 552; Walkers v. Boaz, 2 Rob. (Va.) 485. Contra, Perkins v. Simons, 28 Wis. 90.

64. Walden v. Phillips, 86 Ky. 302, 5 S. W. 757; Sedgwick v. Minot, 6 Allen' (Mass.) 171; Whitten v. Davis, 18 N. H. 88.

65. Donahue's Estate, 36 Cal. 329; Nash v. Cutler, 16 Pick. (Mass.) 491; Burke v. Burke, 34 Mich. 451.

66. 1 Blackst. Comm. 459; 2 Kent's Comm. 212.

67. 1 Stimson's Am. St. Law, Sec.Sec. 6631, 6632. There is an exin most states, by statute, the illegitimate children inherit from the mother equally with the legitimate children, and in some states they inherit also from her kindred, though in a majority of the states, while inheriting from the mother, they do not inherit from her kindred. In a few states they inherit from the mother only in ease of default of lawful issue.68 The property of an illegitimate child will descend to the surviving husband or wife, or to the children, as in the case of any other person dying intestate. In default of such others entitled to inherit, the decedent's property goes usually, under the statute, to the mother and the latter's kindred.69