Elder v. Bales

Citations

• 127 Ill. 425
• 21 N.E. 621

Syllabus

<p>1. Descents—in the case of illegitimates—the statute construed. The statute declaring that “an illegitimate child shall be heir of his mother and maternal ancestor, and of any person from whom its mother might have inherited, if living,” places the illegitimate, in respect of the estate of a person from whom the mother might have inherited, if living, upon the same footing as if he were legitimate; and in case of his death before the descent is cast upon him, his children or heirs-at-law will take the estate to the same extent he would have taken, if living.</p> <p>2. An illegitimate son was born of a woman, after which she married and had born seven other children in lawful wedlock. The illegitimate son died before his mother, and after the death of his mother’s husband. The mother then died, and after her decease her legitimate son died seized of real estate, leaving no issue, but one sister and the descendants of four other sisters: Held, that the children of the illegitimate son took one-sixth part of the estate of the deceased legitimate son, as his heirs-at-law.</p> <p>3. The effect of the act of 1872, relating to descents in the case of illegitimates, is to remove the common law disability of a bastard child to inherit through its mother, or one from whom she might inherit, if living. In this respect the illegitimate is placed upon the same footing as legitimate persons, and his heirs will take, by descent, the same estate he would have inherited, if living.</p>