The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-25
FIRST CASE TRIED
UNDER A NEW LAW
Litigation That Will Probably Be
Carried to the Highest Courts
for Settlement.
MANS ESTATE INVOLVED

Colonel Russell 3. Harrison has returned
from Brownstown. where for week he was
engaged in the trial of an interesting case
in the Jackson Circuit Court, on change
of venue from Lawrence county. The case
in point is the first to come up under law
enacted by the Legislature of 1901, which
provides that where a man dies intestate
and leaves no children. his estate can be
inherited by an illegitimate child.
Thomas Oscar Daggy, cashier of the
Bedford National Bank, died in February,
1902, leaving an estate of about fifteen
Thirty years before his death he was tried
and found guilty in a paternity suit which
came up in the Lawrence Circuit Court.
The child, a bright and attractive little
girl, was brought up by her mothers people
in absolute ignorance of her parentage.
She was not undeceived until about the
time Of her marriage ten years ago. She
perhaps never would have known who her
father was had not Thomas Daggy died
intestate. Some Of her friends who were
familiar with the circumstances of her birth
felt that she was entitled to the Daggy
estate, and advised her to claim 1t as her
own. On the advice of her attorney. Col.
Harrison, she made legal claim to the es-
tate. and soon afterward the mother of
Thomas Daggy and his three sisters, who
were also claiming the estate, brought an
action To quiet the title to the property
The case came to trial last week at
Brownstown before Special Judge William
Brannaman. of Seymour. The case was
stubbornly contested both sides. The
jury, after being out all of Tuesday night,
brought In verdict for the defendant
holding that the title to the property was
in the daughter. This gives to her the
entire estate, amounting to about $1,000.
Supreme Court by the plaintiffs.
A curious coincidence in the case is that
Senator Brooks, who appeared for the
plaintiffs, was chairman of the judiciary
mended the passage of the act. When the
act was passed Mr.. Brooks favored ii. In
the trial of the case he opposed to Ii.
Ii is said that no case involving the same
points has ever been decided by any of the
State Supreme Courts and it is likely that
the case will finally land in the United
States Supreme Court Notwithstanding the
jury was unanimous in awarding the inheri-
lance to the illegitimate daughter Of
Thomas Daggy. The daughter who is a
woman of the highest respectability lives
In this city. She is married and is the
mother of two children.
Attorneys recall that under the old COM
mon law an illegitimate child had no rights
whatever. 1t could not even inherit from
Its mother, as against brothers and sisters
of the mother. In recent years legislatures
have become more charitable. The first
step in this progress of liberality toward
such unfortunate children was the enact
ment of code laws permitting these children
TO inherit from their mother. A few States
have gone step farther and now have laws
that permit ilegitimate children to inherit
from their father under certain conditions.
OF these States Indiana, Iowa, California
and Washington are the most liberal.