Goughnour v. Zimmerman
Goughnour v. Zimmerman
Opinion of the Court
Opinion by
The plaintiffs are brothers and sisters of Mary Zimmerman, who was one of four illegitimate children. The land for which ejectment was brought was devised to her by her mother in 1881. She died intestate in 1882, leaving to survive her a husband whose claim of title under the Intestate Act of 1883 was undisputed during his life and who devised the land to the defendants, who are his children by a subsequent marriage. ,
All of our decisions hold that the Act of 1855 did not legitimate illegitimates but gave to the mother and illegitimate children the capacity to inherit from each other only: Grubb’s Appeal, 58 Pa. 55; Steckel’s Appeal, 64 Pa. 493; Woltemate’s Appeal, 86 Pa. 219; Neil’s Appeal, 92 Pa. 193; Tennent’s Appeal, 166 Pa. 498. This, as was said in Woltemate’s Appeal, supra, is the extent
The judgment is affirmed.
Reference
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- Intestate laws — Illegitimates—Beal estate — Acts of April 27, 1855, P. L. 868, and June. 5,1888, P. L. 88. 1. Where there are several illegitimate children born of the same mother, and one of them dies prior to the passage of the Act of June 5, 1883, P. L. 88, intestate, leaving neither mother nor issue, her surviving illegitimate brothers and sisters do not inherit her real estate, although derived from the mother by will. 2. The Act of April 27, 1855, P. L. 368, did not legitimate illegitimates, but gave to the mother and illegitimate children the capacity to inherit from each other only.