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4 S.C. Eq. 434

Barwick v. Miller

Court of Appeals of South Carolina

Decided February 15, 1814

Court of Appeals of South Carolina · decided 1814-02-15

The sole question in this rase arises upon tlie fol - lowing facts: William Gayle, died without issue, and intestate, leaving a widow, one of the defendants, and a mother, who is complainant. He was an illegitimate son.

Decided 1814-02-15

¶1Upon the whole of this case, I am of opinion that the rule of the civil law should prevail in the construction of the 7th clause of the act of 1791, above cited; and that the complainant should be entitled to a moiety of the estate of her deceased son, notwithstanding his illegitimacy.

(Signed) W. D. James.
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