It is not true that an illegitimate child could not be an heir. At least not
in Virginia after 1785. There were conditions. In a will, one can leave to
anyone one desires. Even slaves, some of whom were obviously the child of the
testator (such as in "my yellow boy, Sam, one year of schooling, etc) which we
have all seen. Whether the testator would have included an illegitimate  child
in the phrase "surviving children, is not likely. (which is want you are
really after). After 1785, in a case of no will (intestate) an illegitimate child
could inherit an equal share if (1) the child had been recognized by the parent
in some way  as being their child ;and (2) the parent had gone on to marry
the other parent at some point.

You are really after determining if the phrase "surviving children" might
denote that the child you are referring to might confirm their being a child of
the testator, which is different than this illigetimate child being able to
inherit. Its one thing if you see that  child not thought to be a legitimate
child going on to inherit something (will or intestate) and seeing what that
suggests. Its another  to start with the phrase "surviving child" and not being
named in the will or settlement at all and try to determine if someone is indeed
a child.

Jim

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