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Johnson v. Wilson

Citations

  • 48 Fla. 76

Syllabus

<p>1. Under Chapter 4749, acts of 1899, a child and a grand-child tracing their relationship through a customary slave marriage may take by inheritance the property of their - ancestor who died, intestate subsequent to emancipation and prior to 1899, where there are no other heirs having a better right.</p> <p>2. Chapter 4749, acts of 1899, which infuses inheritable blood into the children of customary slave marriages does not violate Article XII, constitution of 1885, which provides that “the school fund shall be derived from the following sources * * * the proceeds of escheated property or forfeitures * * * the principal of the State school fund shall remain sacred and inviolate” even when applied to a case where the ancestor died' prior to its enactment, where the property has never been disposed of or claimed for the benefit of the school fund.</p>

Judges: Carter

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