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ADKINS v. McELDOWNEY

Nos. 14959, 15404 and CC919.

280 S.E.2d 231 (1981)

John ADKINS, et al. v. Shirley McELDOWNEY, et al., and Martha Ramsey, et al. Lawrence James HIGH v. Murrel E. WINFREE and Dulcie Johnson. Larry Swaine KING, et al. v. Opal RIFFEE, Individually, etc., et al.

Supreme Court of Appeals of West Virginia.

July 13, 1981.

Attorney(s) appearing for the Case

James M. Robinson, Huntington, for Ramsey.

Richard M. Allen, West Hamlin, for Adkins, et al.

Stephen P. Swisher, Swisher & Stucky, Dunbar, for High.

Roy S. Samms, Jr., Charleston, for Winfree.

Andrew J. Goodwin, Charleston, for Johnson.

Joseph C. Hash, Jr., Ravenswood, for King, et al.

Oliver D. Kessel, Ripley, Robert M. Harvey, Dunbar, for Riffee, et al.

HARSHBARGER, Chief Justice:

We have consolidated three cases to determine rights of illegitimate children to inherit from their fathers. Our statute, Code, 42-1-5,1 limits illegitimates' inheritance rights to their mothers' estates, but its constitutionality is questioned against federal and state equal protection clauses, U. S. Const. amend. XIV, and W.Va.Const. art. III, § 17.

The United States Supreme Court found that equal...

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