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 To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-roots.html