McIntyre v. Gelvin

Supreme Court of Kansas

McIntyre v. Gelvin

95 P. 389, 77 Kan. 779, 1908 Kan. LEXIS 345

CourtSupreme Court of Kansas

DecidedApril 11, 1908

DocketNo. 15,454

StatusPublished

This text of 95 P. 389 (McIntyre v. Gelvin) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McIntyre v. Gelvin, 95 P. 389, 77 Kan. 779, 1908 Kan. LEXIS 345 (kan 1908).

Pincite

Opinion

Per Curiam:

The only question presented for decision in this case is if a child of the half blood can inherit property descending through her father when her father had been deprived of her custody by a decree of court entered in a divorce proceeding brought against him by her mother. The statute casting the descent of property uses the word “children.” The relationship of parent and child determines the right of inheritance. The divorce of parents does not affect this relationship. No matter who may have her custody, for .purposes of nurture, a daughter is still the child of her father, and-by statute children of the half blood inherit equally-with those of the whole blood.

The, judgment of the district court is affirmed.

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Per Curiam:

The only question presented for decision in this case is if a child of the half blood can inherit property descending through her father when her father had been deprived of her custody by a decree of court entered in a divorce proceeding brought against him by her mother. The statute casting the descent of property uses the word “children.” The relationship of parent and child determines the right of inheritance. The divorce of parents does not affect this relationship. No matter who may have her custody, for .purposes of nurture, a daughter is still the child of her father, and-by statute children of the half blood inherit equally-with those of the whole blood.

The, judgment of the district court is affirmed.

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Bluebook (online)

95 P. 389, 77 Kan. 779, 1908 Kan. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-gelvin-kan-1908.