Those who are born from unlawful intercourse are not counted among the children.

Explanation

At common law, children born out of wedlock had no rights of inheritance — a rule that has been substantially modified in all American jurisdictions, recognizing that the rights of the child are inherent and not forfeited by the circumstances of birth.

Where this applies

• A child born outside of wedlock claims inheritance rights under the old common law.
• Illegitimate children are excluded from their father's estate at common law.