Kettering, C. Edgar

English

University of Denver

Denver Law Review Volume 19 Issue 2 Article 8 July 2021 Children of the Half Blood C. Edgar Kettering Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation C. Edgar Kettering, Children of the Half Blood, 19 Dicta 51 (1942). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. Children of the Half BloodBY C. EDGAR KETTERING*An article showing considerable thought appeared in the Junenumber of DICTA' dealing with the construction of that part of the1941 amendment to Section 4 of Chapter 176 of the 1935 ColoradoStatutes Annotated, relating to the inheritance by collateral relatives ofthe half blood. I think the conclusions of the article "that children ofthe intestate's half blood brother or sister cannot take," and "whetherthe half blood can take might be open to argument," are incorrect andviolate the plain language of section 4, as amended.The present statute reads: "Collateral relatives of the half bloodshall inherit only the half measure of collateral relatives of the wholeblood, if there be any of the last-named class living." What could beclearer?A half blood brother is surely a "collateral relative of the halfblood," and therefore he "shall inherit" half as much as he would ifhe were a full brother. His children are nephews and nieces of the de-ceased and are therefore also "collateral relatives of the half blood.''The right of inheritance of brothers and sisters and children ofdeceased brothers and sisters is clearly set forth in Section 1, Chapter176. The same rule of inheritance would apply in the case of half bloodbrothers and sisters or half blood nephews and nieces, except that theywould receive only half as much as they would receive had they beenrelated by the full blood.To illustrate: I was recently asked my opinion by a county judgeof another county on the following set of facts:"A bachelor dies intestate, leaving an estate. He leaves twoliving full brothers, the children of two dead full sisters and thechildren of two dead half sisters. What is the right of inheritanceand in what shares?"It would be my opinion that each of the two living full brotherswould receive a one-fifth interest; that the one-fifth share of each of thetwo deceased full sisters would be divided between their respective chil-dren; and that the share of each of the half sisters would be one-tenth(that is, "half measure of collateral relatives of the whole blood"), andthey being deceased, each of their shares would be divided between theirchildren respectively in the same manner as the share of the deceased fullbrother or sister would be divided among his or her children.I do not believe the 1941 amendment was unwise or unnecessary,as indicated by the above mentioned article; but, regardless of that, I*Of the Denver bar and judge of the Denver county court.'Thomas, Children of the Half Blood (1941) 18 DICTA 158.211 CORPUS JURIS 960.DICTAbelieve the present language is unambiguous and accomplishes what thelegislature obviously intended and what the author of the above articleagrees should have been accomplished.Regional Institutes Planned for Entire Stateby Colorado Bar CommitteeThe winter institute program of the state bar has been proving agreat success, according to reports received from the local bar associationofficials where institutes have been held so far. Boulder County Bar As-sociation officials stated that the institute held there on January 24th waswell attended and enthusiastically received. The theme for discussionwas some of the more common problems of insurance encountered bythe practicing lawyer. Other institutes have been held in Durango, Pu-eblo and Denver.Institutes have been planned for Glenwood Springs, Greeley, Colo-rado Springs and Loveland. The Glenwood Springs institute, accordingto tentative plans formulated by Edward L. Wood, chairman of thestate committee, call for a two-day program on February 20 and 21.The first day will be devoted to a discussion of the proposed watercode, and the second day will feature problems of estate and title law.The Weld County association will hold its institute on February 28.This institute, which will be held in the district court room commencingat three o'clock, will treat with several phases of the problem of negli-gence. After dinner for the bar, to be held in the Odd Fellows' Hall,the evening session will feature short talks by Judge Frederick W. Clark,W. W. Platt and William R. Kelly. Federal income tax problems of afarming community will be the subject of the evening's principal address.which will be delivered by William W. Wardwell of the federal revenuedepartment. No definite date has been fixed for the meetings to be heldin Loveland and Colorado Springs, but they are being planned for March.Other sections of the state have indicated that institutes are being formu-lated for these localities to be held in the early spring. The University ofColorado is, of course, planning an annual Law Day, which will prob-ably be scheduled for April.The state bar and the Denver association are working on plans fora medico-legal institute to be held in the early spring. According topresent suggestions, this institute will deal with such problems as theexpert witness, problems of evidence dealing with medical questions, andan explanation of some of the more common types of physical and men-tal injuries.A combined institute and fish fry is planned for the latter part ofMay at Monte Vista. For further details of all of these institutes watchsubsequent issues of DICTA.

Children of the Half Blood

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Children of the Half Blood

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