Legatee of Johnson v. of Johnson

Court of Chancery of South Carolina

Legatee of Johnson v. of Johnson

1 S.C. Eq. 595

CourtCourt of Chancery of South Carolina

DecidedNovember 15, 1800

StatusPublished

This text of 1 S.C. Eq. 595 (Legatee of Johnson v. of Johnson) is published on Counsel Stack Legal Research, covering Court of Chancery of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Legatee of Johnson v. of Johnson, 1 S.C. Eq. 595 (Conn. Super. Ct. 1800).

Pincite

Opinion

The only question in this case, related to the legiti-saacy of William Johnson, junior. His father, William Johnson, senior, in his will, used an expression which created a doubt on the legitimacy of his son’s birth, Some testimony was given on the subject. One of the witnesses testified that William Johnson, senior, and the mother of William Johnson, junior, had lived together, as husband and wife, and were so considered in the neighbourhood.

The court in delivering its decree, said, that the evidence of legitimacy was very slight; but that the court Would presume a marriage, after the lapse of thirty yearsj especially as all the parties were dead; and if a contrary prcsuroptioH should prevail, it would have the effect of [596]*596bastardizing a person after his death, which would be. .contrary to every principle of law, justice and equity. And the court said it would act the more readily on the, presumption, as there was no legal heir of ¥m. Johnson, senior, to contest the legitimacy of Win. Johnson, junior. And it was decreed accordingly,

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The only question in this case, related to the legiti-saacy of William Johnson, junior. His father, William Johnson, senior, in his will, used an expression which created a doubt on the legitimacy of his son’s birth, Some testimony was given on the subject. One of the witnesses testified that William Johnson, senior, and the mother of William Johnson, junior, had lived together, as husband and wife, and were so considered in the neighbourhood.

The court in delivering its decree, said, that the evidence of legitimacy was very slight; but that the court Would presume a marriage, after the lapse of thirty yearsj especially as all the parties were dead; and if a contrary prcsuroptioH should prevail, it would have the effect of [596]*596bastardizing a person after his death, which would be. .contrary to every principle of law, justice and equity. And the court said it would act the more readily on the, presumption, as there was no legal heir of ¥m. Johnson, senior, to contest the legitimacy of Win. Johnson, junior. And it was decreed accordingly,

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Bluebook (online)

1 S.C. Eq. 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/legatee-of-johnson-v-of-johnson-ctchansc-1800.