Good Morning Everyone,

I have a legal question about the status of a possibly illegitimate child,
Davenport Kennedy, in future litigation of an estate governed by his possible
father, Charles Kennedy, will written in 1783 and probated in Hanover Co.

The child in question is not named in the will, but neither is one of the
legitimate children who is later mentioned in a brother's will, and who is
included as a child in a later chancery court dispute of Charles Kennedy's children
over the division of the increase of a slave who was willed to a daughter who
died without issue.  The reading of the will is that "all the rest of my
estate" is to be divided amongst "all my surviving children".  There is no
qualifying clause in the will after children such as "herein named", or a list of them.

My question(s) is would an illegitimate child be included in the definition
of "all my surviving children" in a will even if not named?  Would he or she
have any rights in a later chancery court case?  Would it have made any
difference if there had been some sort of court acknowledgement, or a bastardy case?

Obviously we are trying to figure out if Davenport Kennedy is a son of
Charles Kennedy.  He could be a brother, and he died with many heirs, also not
involved in the chancery case.  Unfortunately, alot of their records would have
been in burned Hanover Co., but fortunately the chancery case was in Louisa Co.,
and the will was part of the case file.

Thanks very much for any thoughts.

Best Regards,
Janet (Baugh)

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