Savage v. Blanks

Court of Appeals of Georgia

Savage v. Blanks

160 S.E.2d 462, 117 Ga. App. 316, 1968 Ga. App. LEXIS 1075

CourtCourt of Appeals of Georgia

DecidedFebruary 23, 1968

Docket43292

StatusPublished

Cited by3 cases

This text of 160 S.E.2d 462 (Savage v. Blanks) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Savage v. Blanks, 160 S.E.2d 462, 117 Ga. App. 316, 1968 Ga. App. LEXIS 1075 (Ga. Ct. App. 1968).

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Opinion

Felton, Chief Judge.

1. Under the common law, bastards could not inherit from anyone (Edmondson v. Dyson, 7 Ga. 512, 513; Hicks v. Smith, 94 Ga. 809, 812 (1) (22 SE 153)), and their condition in this respect under the law of this State is the same as it was at common law, except insofar as it has been, ameliorated by express, statutory law. Johnstone v. Taliaferro, 107 Ga. 6, 13 (32 SE 931, 45 LRA 95); Code § 113-904 (Ga. L. 1816, Cobb, 293, as amended).

2. There is no statutory provision in this State for inheritance by bastards, per se, from their fathers. The exclusive procedure by which fathers may render such children legitimate is set forth in Code § 74-103. Hall v. Hall, 222 Ga. 820, 821 (152 SE2d 737). Since there was no compliance with the provisions of said statute by the deceased putative father, the trial court did not err in its judgment adjudicating that the two illegitimate children were not the legal heirs-at-law of said putative father.

Judgment affirmed.

Eberhardt and Whitman, JJ., concur. *317 Carl P. Savage, Jr., for appellant. W. F. Blanks, for appellee.

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Felton, Chief Judge.

1. Under the common law, bastards could not inherit from anyone (Edmondson v. Dyson, 7 Ga. 512, 513; Hicks v. Smith, 94 Ga. 809, 812 (1) (22 SE 153)), and their condition in this respect under the law of this State is the same as it was at common law, except insofar as it has been, ameliorated by express, statutory law. Johnstone v. Taliaferro, 107 Ga. 6, 13 (32 SE 931, 45 LRA 95); Code § 113-904 (Ga. L. 1816, Cobb, 293, as amended).

2. There is no statutory provision in this State for inheritance by bastards, per se, from their fathers. The exclusive procedure by which fathers may render such children legitimate is set forth in Code § 74-103. Hall v. Hall, 222 Ga. 820, 821 (152 SE2d 737). Since there was no compliance with the provisions of said statute by the deceased putative father, the trial court did not err in its judgment adjudicating that the two illegitimate children were not the legal heirs-at-law of said putative father.

Judgment affirmed.

Eberhardt and Whitman, JJ., concur. *317 Carl P. Savage, Jr., for appellant. W. F. Blanks, for appellee.

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160 S.E.2d 462, 117 Ga. App. 316, 1968 Ga. App. LEXIS 1075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savage-v-blanks-gactapp-1968.

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