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Archiver > GEN-MEDIEVAL > 2001-04 > 0986644804


From: Tim Powys-Lybbe <>
Subject: Re: Tr: Tomlinson, Elizabeth PART I
Date: Sat, 07 Apr 2001 13:00:04 +0100
References: <01c0bdbf$de6c0c00$LocalHost@fti/62hzcyc>


In message <01c0bdbf$de6c0c00$/62hzcyc>
(Annie Natalelli-Waloszek) wrote:

>
> Also, can you cite to me the law stating that neither illegitimate
> children nor their children, can inherit? the detail might suffice to
> convince me, after all...

In those days I do not think there was much statute law, it was mostly
common law and I believe that common law was the sum of the judgements
made in various courts.

Anyhow there was a very similar case in the Lybbe family at that
time whereby an eldest son was born out of wedlock and he was denied the
estate which went to his younger brother by about 10 years. The eldest
son was not concealed, he was freely acknowledged and supported by his
parents; he was even, in his lifetime, given a few properties. The
interesting thing about this is that the grandson of this non-person
ended up with the properties sold and was himself sold into some bondage
in the West Indies which he referred to as slavery. On his return he
sued in the courts for his rightful estates, ie his great-grandfather's,
but the reply stated the facts about the illegitimacy and it seems he
abandoned his case; certainly nothing came of it.

My brother (the Real Genealogist of the family) found this gem and told
me that the PRO reference was: E112/570.

--
Tim Powys-Lybbe
For a patchwork of bygones: http://powys.org


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