Townsend v. Meneley

<p>1. Descent and Distribution. — Illegitimate Children. — Common Law. — At the common law an illegitimate child was not an heir of its deceased father, p. 129.</p> <p>2. Same. — Illegitimate Children. — Statutes.—Under §2630 Burns 1901, §2475 R. S. 1881, Acts 1853, p. 78, §1, an illegitimate child could inherit from its father only where such father left no legal heirs within the United States, nor legitimate children without the United States, p. 129.</p> <p>3. Same. — Illegitimate Children. — Statutes.—Repeal.—The act of 1901 (Acts 1901, p. 288, §2630a Burns 1901), providing that illegitimate children shall be heirs of their fathers under certain circumstances, repeals the act of 1853 (Acts 1853, p. 78, §1, §2630 Burns 1901, §2475 R. S. 1881) upon the same subject, p. 130.</p> <p>4. Words and Phrases.- — “Acknowledge.”—The word “acknowledge” means to admit, to own, to confess or to recognize a truth or fact. p. 131.</p> <p>5. Statutes. — Construction.—Meaning of Words. — In the construction of a statute words are to be given their ordinary meaning unless that would defeat the manifest intent, p. 132.</p> <p>6. Descent and Distribution. — Illegitimate Children. — Burden of Proof. — The burden of proof to establish that plaintiff, is the illegitimate child of her father and that he acknowledged her to be his child, is upon plaintiff, p. 132.</p> <p>7. Same. — Illegitimate Children.- — Acknowledgment.—Evidence.— Where decedent told respective witnesses that the plaintiff, an illegitimate child, “was dead sure mine;” “was his’n;” was the only child he had; “she [plaintiff’s mother] had had a child and it was his’n,” acknowledgment of paternity is sufficiently shown, there being no contradictory evidence, p. 132.</p> <p>8. Same. — Heirs.—When Persons Become. — A person becomes an heir at the death of the ancestor, and not before, p. 134.</p> <p>9. Statutes. — Remedial.—Construction.—Descent and Distribution. — Illegitimate Children. — Statutes providing that under certain circumstances illegitimate children shall be heirs of their fathers are remedial and should be liberally construed, p. 134.</p> <p>10. Same. — Retroactive.—Descent and Distribution. — Illegitimate Children. — Under §2630a Burns 1901, Acts 1901, p. 288, an illegitimate child, acknowledged by the intestate ancestor to be his, such ancestor leaving no legitimate children or descendants thereof, inherits such ancestor’s estate, although such ancestor’s acknowledgment of such child occurred before the taking effect of such statute, and not afterwards, pp. 134, 138.</p>