The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-13
PLAINTIFFS RIGHT TO SHARE.
LEGAL ARGUMENT IN THE JOHN
STONE TALLIAFERRO CASE.

STONE TALLIAFERRO CASE.
Demurrer Denies the Right OF an IL
legitimate child to "a Part i'm the
Mothers Estate, Unless spccificnl-
ly PrOvidcd-PIaintiT Contends
That the Georgia Law Allows 1t
Trust Deed in Issue Executed After
the Passage of the LaW-Judge
FaIIignnt Reserves His Decision.
The legal question as to whether IN lie
gitimate child can inherit property from
the mother along with legitimate children
unless specifically stated in will or decd
as the case may be, came up for arsu-
ment before Judge Falligant in the Supe-
rior Court yesterday.
The question arose Under the demurrer
to the petition of Florence Barclay john
stone against c. c. Taliaferro, trustee IN
der deed of trust made by Mary Mar
shall In 1874 in favor Of Mrs. Taliaferro
during her life and her children after her
death. The plaintiff is attacking the trust
deed and claiming right to share in the
estate left under ii, amounting to some
thing like $4,000. on the ground that he
is the Legitimate child of Margaret Ear
clay, afterwards Tallaferro.
The defendant interposed a demurrer to
this petition, claiming that under no CIR
cumstances would an illegidmate child
have the right to share in the estate. The
plaintiffs claim that he is such child is
denied by the defense but, even admitting
it to be true il is contended that he could
not, under the law, have an interest IN
the property.
The demurrer was fled by Messrs- J. Il.
Saussy and F. G. duBlgnon, representing
the defendant. The opening argument was
made by MIR. saussy, who was followed BY
MIR. Burton Smith of Atlanta, Col. George
A. Mercer and Mr.. George A. Mercer Jr.
Mr.. duBignon made the concluding arSu-
ment for the defendant.
The argument was altogether upon the
legal question stated and did not touch,
of course, upon any Of the evidence in the
case 1t occupied almost the entire day
in the Superior Court. In the beginning OF
the hearing the defense filed an answer to
an amendment filed By the plaintlff. The
amendment, an account of which was
given in the Morning News some time
ago, stated that Mrs. Barclay, known as
'Maggie Moonshne' was a founding.
The answer said that this contention was
unfounded, absurd, impudent and scanda-
lous. MIR. Saussy stated in court thar he
could and would prove, if necessary, that
maggie Moonshine." was the daughter
of poor but respectable Irish parents in
YamHcraw *
The contention of the defense on the line
of the demurrer was that when Mrs. Mar
shall wrote the words child or children,
in the trust deed. referring to the children
of Mrs. Taliaferro, she meant legitimate
children, and that in law it could not be
construed in any other way Numerous
Supreme Court decisions were quoted, in
GLIDING those of New York and of Georgia,
for the purpose of showing that in law
the terms child or children" means only
legitimate children, and on this showing it
was held that even if the plaintiffs con-
tention were true, he would not be entitled
10 share in The property with the legiti-
mate children.
On the other hand the attorneys for the
plaintiff argued that the intent of meaning
of the Jaw in Georgia, at least, was exactly
the OPPOSITE. II was held that under a
Jaw passed in, 1856, which is now a part of
the state code, ian Legitimate
child is entitled 10 share equally
with legitimate children in the
estate left by the mother The trust deed
being executed in 1874 came into existence
long after the passage of this act, there
fore, ii was. according to the contention
of the plaintiff, executed under and sub
Ject to the laws of the state For this
reason 1t was contended that the term
child or children" included both classes
The defense argued that in order for an
illegitimate child TO share in the property.
such would have to be stated specifically
In the trust deed, which was not done in
this case. The plaintiff denied this con-
tention, holding that the law did not re-
quire such specification
At the conclusion of the argument
shortly after o'clock Judge Failiga nj
asked the attorneys to hand in the papers
with their briefs, and he will enter into
consideration of the case.