In re Estate of de Laveaga

Citations

• 4 Coffey 386

Syllabus

<p>Legitimation of Child—Effect of His Status.—A child legitimized by his father under section 230 of the Civil Code is as much a legitimate child as one born in lawful wedlock, and is to be deemed legitimate for all purposes from the time of his birth.</p> <p>Legitimation of Child—Necessity of Marriage.—It is not essential to the legitimation of a child under section 230 of the Civil Code that his parents should marry.</p> <p>Legitimation of Child—Collateral Inheritance.—A child born illegitimate, but legitimated by his father under section 230 of the Civil Code, may be an heir of his father’s brother, though his parents never married.</p> <p>Legitimate Children—Classification of.—Legitimate children may be classified under our statute as (1) children born of a lawful marriage; (2) children born of -parents who subsequently married; (3) children born of a null marriage; (4) children legitimated by the act of their father, without a marriage of the parents. There seems to be no distinction among these classes as to any right whatever.</p> <p>Legitimated Child—Sections 230 and 1387.—Section 1387 of the Civil Code has no application to a child legitimated by his father under section 230 of the same code. without a marriage with the mother.</p> <p>Legitimated Child—Rules of Succession.—When illegitimate children are legitimated, their capacity to inherit results as an incident to their status, and the law governing their rights and succession is the general law which establishes the rules of succession applicable to the children born in lawful wedlock.</p> <p>Illegitimates—Succession—Sections 1386 and 1387.—Section 1386 of the Civil Code contains the rules of succession which govern in the ease of legitimate children, while section 1387 is limited in its scope to prescribing rules of succession by and from illegitimate children, who are allowed, in spite of their continuing illegitimacy, to inherit on certain conditions both lineally and collaterally.</p> <p>Illegitima