CLARK, Judge.
Two questions are here presented: (1) Are children born of a marriage which was void because their mother had wedded their father without obtaining a divorce from her surviving spouse entitled to sue as plaintiffs under the provisions of Code Ann. § 105-1302 for the tortious homicide of their father? (2) Is a stipulation by counsel that such children are "illegitimate" binding? We answer "Yes" to the first and "No" to the second query.
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