DESCENT AND DISTRIBUTION - ISSUE OF VOID MISCEGENOUS MARRIAGE AS HEIRS UNDER LEGITIMATION STATUTE

Authors

Abstract

An Indian married a negress in Oklahoma. The proper forms were observed, the parties acted in good faith, and thereafter lived together as husband and wife. Children were born to them. The marriage was absolutely void under an Oklahoma statute prohibiting such miscegenation and making it a felony. On the father's death intestate, the guardian of the children petitioned for letters of administration. Held, that under Okla. Comp. Stat. 1921, sec. I 1303, reading, "The issue of all marriages null in law . . . are legitimate," the children of the void marriage took as heirs, and the petition should be granted. Riley, J., wrote a dissenting opinion in which Clark, V. C. J., concurred. In re Atkins' Estate (Okla. 1931) 3 Pac. (2d) 682.

Recommended Citation

DESCENT AND DISTRIBUTION - ISSUE OF VOID MISCEGENOUS MARRIAGE AS HEIRS UNDER LEGITIMATION STATUTE, 30 Mich. L. Rev. 792 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss5/14