(2) Prior to 1955, this Court held that statutes dealing with legitimation and creating rights of succession to property in a legitimated child are in derogation of the common law. Hence, they are strictly construed. In re Estate of Wallace, 197 N.C. 334, 148 S.E. 456. Thus, in the Wallace case the Court reached the conclusion that since C.S. 279 did not specifically provide for inheritance by a legitimated child except from his mother and father, such child could not inherit from a maternal uncle dying intestate. However, in 1955 the Legislature, by Chap. 540, amended the statutes of descent and distribution and the statutes dealing with legitimation, and in each instance provided, in substance, that the legitimated child shall have the same right to inherit by, through, and from his father and mother as if such child had been born in lawful wedlock.
This being true, we must conclude that it is in law a minor child of the marriage of the plaintiff and defendant. Stewart v. Stewart, 195 N.C. 476, 142 S.E. 577; In re Estate of Wallace, 197 N.C. 334, 148 S.E. 456. If it was lawfully begotten and born in wedlock — as, under the statute, we must conclude it is a child of the marriage within the meaning of G.S. 50-13. The use of the word "reputed" rather than "putative" in G.S. 49-12 "was intended merely to dispense with absolute proof of paternity, so that, if the child is `regarded,' `deemed,' `considered,' or `held in thought' by the parents themselves as their child, either before or after marriage, it is legitimate."
In declaring in this statute that "the child shall in all respects after such intermarriage be deemed and held to be legitimate," the General Assembly clearly intended that the child should be treated as a child born in lawful wedlock in determining the rights and duties of parent and child as to custody and support. However, as to the right of inheritance provided for, in G.S. 49-12, this Court has construed the statute in these cases: Bowman v. Howard 182 N.C. 662, 110 S.E. 98; Stewart v. Stewart, 195 N.C. 476, 142 S.E. 577; In re Estate of Wallace, 197 N.C. 334, 148 S.E. 456; Reed v. Blair 202 N.C. 745, 164 S.E. 118. There the Court was only considering the result of the change in the status of the child, brought about by the marriage of the mother to the reputed father, as to "rights in and to the estate, real and personal, of its father and mother." And "the law discussed in any opinion is set within the framework of that particular case," said Barnhill, J., in Light Co. v. Moss, 220 N.C. 200, 17 S.E.2d 10. See also S. v. Crandall, 225 N.C. 148, 33 S.E.2d 861, and cases there cited.
" Also, In re Estate of Damon Bullock, 195 N.C. 188, 141 S.E. 577, Stacy, C. J., said: "True, it is provided by C. S., 140, that every legitimate child of a mother dying intestate shall be considered among her next of kin, and as such shall be entitled to share in her personal estate; and, further, that illegitimate children, born of the same mother, shall be considered legitimate as among themselves, but this is as far as the statute goes." See, also, Powersv. Kite, 83 N.C. 156; Bettis v. Avery, 140 N.C. 184, 52 S.E. 584; In re Estate of Wallace, 197 N.C. 334, 148 S.E. 456. The Walker case, supra, expressly decides the proposition of law in controversy relating to the right of uncles and aunts and the issue of such to distributive shares in the estate of the deceased soldier. The collateral claimants, however, contend that the Walker case must be read in connection with chapter 64, part 2, sections 5 and 6. The Walker case was decided in January, 1874. Battle's Revisal went into effect on 1 January, 1874, and chapter 45, sections 107 and 108 thereof, is practically identical with C. S., 140. Manifestly, it is to be assumed that the Court had in mind the statute existing at the time the decision was rendered.