Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-05-26
From 7'HE ENQUIREA.
COMMUNICATIONS.
LAW CASE.


On Thursday and Friday last q legal
Question ofg reatcuriosity,u novelty, and i'm
portance, was argued ~ the Court Of Ap-
peals. The name Of the case ,as Stone
against Keeling, and the circumstances are
as follow:
One Keeling, some thirty or forty years
ago, married a woman by whom he had
son. HIS wife then died, and after the
lapse oil few years he married lady who
Was known By the name Of Mrs. Arbuc-
k!e. This lady at the time Of her inter-
marriage with Mr.. Keeling had another
husband who is sill living. Mr. Arbuc-
kle and herself not enjoying domestic
happiness, separated, he continuing in the
county Of Accomack, on The Eastern shore
OF Virginia, she removing to The county
OF Princess Anne, where she married Mr.
Keeling. Previous to this marriage Ar.
buckle had frequently been absent from
the state, although his absence had never
been so long as to justify the presumption
ct his death. Two daughters were the
iruit of this marriage, and Keeling and
his second wife lived happily together I'M
til the day Of their death. About two
Years ago Keeling died leaving large es-
tate. His son by the first wife is dead,
leaving two children, ard his daughters by
/ the second wife are married.
Shortly after the death of Keeling, the
husbands of his daughters (the appellants
in this suiO applied to the county court of
, Princess Anne for Letters Of Administrati-
on on his estate, as being the next Of kin
to the deceased. This was opposed by
the mother aud guardian of the children
lett by keeiing's son, on the ground that
the daughters 7ocre ilcgitimGte, they being
the issue of an illegal and void marriage,
and consequently not entitled to any por-
ton OF the estate. The county court sus
tanned the objection, * appointed the guar
dian OF the grand children the Admins
traitor. On an appeal to the District Court
OF Suffolk, that court affirmed the iudg.
ment oil the county court, from which
! judgment the husbands of the daughters
appealed TO the Court Of Appeals.
The case chiefly depended on the ex.
! position of a clause in the law of Descents,
| passed in the year 1885, which took efeet
on the LIST Of Januaryl7S7 the clause de-
! ciares that "the issue OF marriages deemed
null in law, shall nevertheless be legiti
mate" BY the common law the children
OF all illegal marriages were illegilimate,
/ The question was, whether the common
law on that subject was totally or partially
altered.
TWAS contended FOR the Appellants that
+ The legislature intended % ch5nge the law
/ entirely, and that the innocent offspring oil
al Illegal marriages were legitimated.
For the Appellee it was contended that
the legislature only meant TO legitimate
the issue Of such illegal marriages as re-
quired an annulling ACT to make them void,
and not such as were absolutely void from
the beginning; that marriage with per-
son already married, was void from the
very moment Of its being contracted, and
that consequently the issue Of such lille.
! gal marriages were still illegitmate as al
common law. II was also urged that the
law of 1885 did not apply to this case, as
the daughters were born previous to the
LIST of January 1887. The reply made to
this argument by the Appellants counse
was that the law operated from the date o
/ the death Of the father, and not from thc
/ time Of the chldren's birth.
The court ON Saturday last muanimousil
decreed that the common law on tias sub
Ject was totally changed, that the issue o.