Phillips v. Townsend

Indiana Supreme Court

Phillips v. Townsend

62 N.E.2d 860, 223 Ind. 561, 1945 Ind. LEXIS 142

Indiana Supreme Court·Decided October 9, 1945·No. No. 28,105.·Published·Cited by 3 cases

Opinion

This appeal presents a single question : May appellant, an illegitimate son, acknowledged by his father, inherit a share of the estate of the father’s sister who survived the father? It was decided against appellant’s claim in Wilson v. Bass (1919), 70 Ind. App. 116, 118 N. E. 379 (Transfer denied), and Hall v. Fivecoat (1942), 110 Ind. App. 704, 38 N. E. (2d) 905. These decisions are supported by the reasoning in Jackson v. Hocke (1908), 171 Ind. 371, 84 N. E. 880 and Truelove v. Truelove (1909), 172 Ind. 441, 86 N. E. 1018. We are satisfied with the conclusion reached in the two Appellate Court cases. It has become a rule of property under the doctrine of stare decisis. Harrow v. Myers (1868), 29 Ind. 469; Dailey v. Pugh (1921), 83 Ind. App. 431, 131 N. E. 836; Stewart v. Wells (1911), 47 Ind. App. 228, 94 N. E. 235. If the statutes of descent so construed are too harsh in the light of modern opinion concerning the rights of illegitimates the remedy is with the legislature.

Richman, C. J.

Judgment affirmed.

Note.—Reported in 62 N. E. (2d) 860.

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This appeal presents a single question : May appellant, an illegitimate son, acknowledged by his father, inherit a share of the estate of the father’s sister who survived the father? It was decided against appellant’s claim in Wilson v. Bass (1919), 70 Ind. App. 116, 118 N. E. 379 (Transfer denied), and Hall v. Fivecoat (1942), 110 Ind. App. 704, 38 N. E. (2d) 905. These decisions are supported by the reasoning in Jackson v. Hocke (1908), 171 Ind. 371, 84 N. E. 880 and Truelove v. Truelove (1909), 172 Ind. 441, 86 N. E. 1018. We are satisfied with the conclusion reached in the two Appellate Court cases. It has become a rule of property under the doctrine of stare decisis. Harrow v. Myers (1868), 29 Ind. 469; Dailey v. Pugh (1921), 83 Ind. App. 431, 131 N. E. 836; Stewart v. Wells (1911), 47 Ind. App. 228, 94 N. E. 235. If the statutes of descent so construed are too harsh in the light of modern opinion concerning the rights of illegitimates the remedy is with the legislature.

Richman, C. J.

Judgment affirmed.

Note.—Reported in 62 N. E. (2d) 860.

Phillips v. Townsend, 62 N.E.2d 860, 223 Ind. 561, 1945 Ind. LEXIS 142 (Ind. 1945).

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Opinion

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