Paul Drake wrote:

> So, until shown otherwise, it remains my belief that
if I die testate and leave any of my assets to "my surviving
children", and if I have previously formally recognized a
illegitimate child as my own, or some court has established
my paternity, that child will be included within that category
stated in my will - "my surviving children".

        Perhaps I misunderstood the question.  I thought that we were talking
about the law and customs in the 1700's and not the law and customs of
today.  Certainly in most jurisdictions today that would probably be the
case.
        However, it wasn't the case then.  Then the phrase would have been
interpreted to mean "legally begotten" children which was accomplished
in only one of two ways:  by birth within marriage or by legal adoption.
        The following source is very general but it might be helpful.

http://www.constitution.org/bouv/bouvier_b.htm

        Paul, can you illustrate a case in which an illegimate child was
granted legal standing as an heir in an intestate estate probate?

Renee L. Dauven

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