illegitimate child

illegitimate child
A natural child, a child born out of wedlock, or born to a married woman under conditions where the presumption of legitimacy is not conclusive and has been rebutted. 10 Am J2d Bast § 1. Not an "heir" within the meaning of a devise or bequest to "heirs," unless the context indicates an intent to consider such child as included or a statute gives an illegitimate child the status of an heir. 10 Am J2d Bast § 135. Not an "heir" of either parent, for the purposes of descent, unless a right of inheritance has been conferred upon such child by statute. 10 Am J2d Bast § 146. Not "issue" within the meaning of such term in the designation of the beneficiary of a gift, unless the intention to include an illegitimate child is clearly deducible from the entire context. 10 Am J2d Bast § 136. Not included in a legacy or devise to "children," unless it appears clearly and unmistakably in other parts of the instrument that the intention of the testators was to include an illegitimate child or children. 57 Am J1st Wills § 1074. Statutes which provide generally for the distribution of intestate property of a deceased person among certain classes of persons without mentioning illegitimates, are construed to refer to legitimates only, unless there is something in the language of the particular statute which indicates a different intention on the part of the legislature. Anno: 48 ALR2d 764, § 3[c];10 Am J2d Bast § 149. But the term "issue" appearing in a statute of descent may include children born out of wedlock, where they are capable of inheriting. 10 Am J2d Bast § 149. The term "illegitimate child" shall not be used in any local law, ordinance, or resolution, or in any public or judicial proceeding, or in any process, notice, order, judgment, record, or other public document or paper, but there shall be used in place of such term the expression "child born out of wedlock." New York General Construction L § 59.

Ballentine's law dictionary. . 1998.

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  • illegitimate child — Child who is born at a time when his parents, though alive, are not married to each other. Such child however is legitimate if they were married after his conception and before his birth. Home of Holy Infancy v. Kaska, Tex., 397 S.W.2d 208. An… …   Black's law dictionary

  • illegitimate child — Child who is born at a time when his parents, though alive, are not married to each other. Such child however is legitimate if they were married after his conception and before his birth. Home of Holy Infancy v. Kaska, Tex., 397 S.W.2d 208. An… …   Black's law dictionary

  • illegitimate child — index bastard Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • illegitimate child — child born out of wedlock, one born of parents not married to each other …   English contemporary dictionary

  • illegitimate child — noun the illegitimate offspring of unmarried parents • Syn: ↑bastard, ↑by blow, ↑love child, ↑illegitimate, ↑whoreson • Derivationally related forms: ↑bastardly (for: ↑ …   Useful english dictionary

  • child — child; Children Progeny; offspring of parentage. Unborn or recently born human being. Wilson v. Weaver, 358 F.Supp. 1147, 1154. At common law one who had not attained the age of fourteen years, though the meaning now varies in different statutes; …   Black's law dictionary

  • child — child; Children Progeny; offspring of parentage. Unborn or recently born human being. Wilson v. Weaver, 358 F.Supp. 1147, 1154. At common law one who had not attained the age of fourteen years, though the meaning now varies in different statutes; …   Black's law dictionary

  • child — n pl chil·dren 1: a son or daughter of any age and usu. including one formally adopted compare issue ◇ The word child as used in a statute or will is often held to include a stepchild, an illegitimate child, a person for whom one stands in loco… …   Law dictionary

  • illegitimate — il·le·git·i·mate /ˌi li ji tə mət/ adj 1: not recognized by the law as offspring; specif: born out of marriage ◇ An illegitimate child is usu. legitimated by his or her parents later marriage. Illegitimate children generally have the same… …   Law dictionary

  • Child abandonment — is the practice of relinquishing interests and claims over one s offspring with the intent of never again resuming or reasserting them. Causes include many social and cultural factors as well as mental illness. An abandoned child is called a… …   Wikipedia

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