Estate of Sandford

delivered the opinion of the Court.

By the 2d section of the Act to Eegulate Descents and Distribution it is enacted, “ Every illegitimate child shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child.”

By virtue of this Act, Louisa Sandford, by her guardian, claims to be the sole heir of Samuel Sandford, deceased, *14 and a writing, signed by Sandford, is produced in evidence, to show the necessary acknowledgment of paternity.

After a careful consideration of the language of this instrument, I am satisfied that it does not amount to such an acknowledgment as is contemplated by the statute. The original agreement is in the Spanish language, and three words are used in reference to the child: they are, “Niña,” “chiquita,” and “creatura.” According to the authority of lexicographers, neither of these words necessarily mean child, in its sense- of relation to a parent, and nowhere in the agreement is it said that Sandford is the father. . But even taking the liberal translation furnished by counsel, and then we have, as the only expression on which any stress can be…