Children born out of wedlock shall be capable of inheriting or transmitting inheritance from and to their mother, and from and to those from whom she may inherit, or to whom she may transmit inheritance, as if born in lawful wedlock.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1959–2023 · leading case: Birman v. Sproat, 546 N.E.2d 1354 (Ohio Ct. App. 1988).
Birman v. Sproat, 546 N.E.2d 1354 (Ohio Ct. App. 1988). · cites it 3דR.C. 2105.17 specifically provides that children “born out of wedlock shall be capable of inheriting * * * from * * * their mother * * *.”
Brookbank v. Gray, 74 Ohio St. 3d 279 (Ohio 1996). “In so holding, the court set forth the substance of those provisions and their underlying rationale as follows: “ ‘In Ohio, a child born out of wedlock is capable of inheriting from and through his mother, R.C. 2105.17, but may inherit from his father only under certain…”
Byrd v. Trennor, 811 N.E.2d 549 (Ohio Ct. App. 2004). “” {¶ 28} Although R.C. 2105.17 allows illegitimate children to inherit from their mothers, illegitimate children can inherit from their fathers under R.”
In Re Est. of Hicks, 629 N.E.2d 1086 (Ohio Ct. App. 1993). “R.C. 2105.17 was enacted allowing such children the right to inherit from their mothers.”
Beck v. Jolliff, 489 N.E.2d 825 (Ohio Ct. App. 1984). “The illegitimate’s exclusion from inheritance was also statutorily modified — first, a statute was enacted which enabled the illegitimate to inherit *86 from his mother, R.C. 2105.17; second, prior to June 29, 1982 (appellees contend the same exists today), the Ohio statutes…”
Ruscilli v. Ruscilli, 630 N.E.2d 745 (Ohio Ct. App. 1993). · cites it 2דR.C. 2105.17, which relates to intestacy, reads: “Children born out of wedlock shall be capable of inheriting or transmitting inheritance from and to their mother, and from and to those from whom she may inherit, or to whom she may transmit inheritance, as if born in lawful…”
Ehman v. Harvey, 2023-Ohio-1129, 211 N.E.3d 1276. “) at paragraph 28-31, the court engaged in an interesting discussion about the ability of illegitimate children to inherit from their biological fathers: “ Although R.C. 2105.17 allows illegitimate children to inherit from their mothers, illegitimate children can inherit from…”
Baston v. Sears, 229 N.E.2d 847 (Ohio Ct. App. 1967). · cites it 2דSee Section 2105.17, Revised Code. We know of no right on the part of an illegitimate child to use the name of his alleged father, for at common law such a child was filius nullius, *223 and support only was granted to such, a child by legislative enactment.”
Kest v. Lewis, 169 Ohio St. 317 (Ohio 1959). · cites it 4ד[2d], 493) to one in which he may inherit both from and through his mother, either directly or collaterally (Section 2105.17, Revised Code). Although it must be conceded that the legitimization of an illegitimate child can be accomplished still only in a limited fashion, there…”
Sommerville v. Heckler, 615 F. Supp. 166 (N.D. Ohio 1985). · cites it 2ד6 Under Ohio Rev. Code § 2105.17, children born out of wedlock are capable of inheriting or transmitting inheritance from and to their mother as if they were born in lawful wedlock.”
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