DESCENT AND DISTRIBUTION - INHERITANCE THROUGH ILLEGITIMATE CHILD - IOWA STATUTE

This action involved a determination of the heirs of A, a widow, whose deceased husband, B, was an illegitimate child. Three sets of claimants asked for her estate: the legitimate descendants of B's mother, the legitimate descendants of B's father, and the state of Iowa, the domicile of the deceased. The district court awarded the property to the state, as uninherited property, on the ground that the other claimants could not take through an illegitimate. On appeal, reversed.

An Iowa statute provided that an illegitimate child could inherit from his mother, and from his father, when recognized in a certain manner, and also provided that his mother, and his father, if recognized, could inherit from such illegitimate. The conclusion of the court was that this statute should be construed to provide for more than mutual inheritance between illegitimates and their parents; it means that an illegitimate's blood is inheritable and next of kin can claim through him. Therefore, the descendants of B's mother were awarded one-half the estate, and, since the court found the proper recognition between B and his father, the descendants of B's father took the other half. In re Clark's Estate, (Iowa, 1940) 290 N. W. 13.