Janet Hunter wrote:

> We have only recently received copies of all the documents in the two
> chancery court records, and Davenport Kennedy is not involved at all nor mentioned,
> nor are his heirs mentioned as Davenport was deceased by then (and they are
> identified in their own chancery court case, and Davenport had an estate no much
> smaller than Charles).
>
> Further, three sons not mentioned in Charles Kennedy's will are clearly
> involved as sons in the chancery suits (2), and they were also identified as sons
> in a brother's will (Garrett Kennedy 1796, Louisa Co).

        Ah!  Then I did misunderstand your initial post because I thought that
Davenport had standing in the later suits.  Since neither he nor his
heirs (since he was dead) at the time of the later suits had standing,
then illegitimacy does become one of your options.
        Another point that your post has clarified....  Yes, a phrase such as
"all my children" might be contrued to refer to legitimate children who
were not named in the will.
        However, I understand your question to be "Could illegitimate children
be included in that phrase?"  The answer to that is "No, if they are not
named elsewhere in the will."

        And yes!  The Chancery suit index at the LVA web site is an absolute
Godsend to those of use miles away from the library.  If you haven't
visited that site, I second Janet's suggestion that you do so.

Renee L. Dauven


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