Peterson's Estate
Supreme Court of Pennsylvania
Appeal, No. 120, Jan. T., 3905, by Hattie Peterson, from decree of O. C. Crawford Co., Sept. T., 1901, No. 5, dismissing exceptions to auditor’s report in Estate of Laura Peterson, deceased. Petition for the adoption of a child. Exceptions to report of .James R. Andrews, Esq., auditor. From the record it appeared that the question involved was the right of Hattie Peterson to share as an adopted child in the ■ distribution of the estate of the intestate.
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Appeal, No. 120, Jan. T., 3905, by Hattie Peterson, from decree of O. C. Crawford Co., Sept. T., 1901, No. 5, dismissing exceptions to auditor’s report in Estate of Laura Peterson, deceased. Petition for the adoption of a child. Exceptions to report of .James R. Andrews, Esq., auditor. From the record it appeared that the question involved was the right of Hattie Peterson to share as an adopted child in the ■ distribution of the estate of the intestate. The petition of adoption was as follows : “ The petition of Samuel Peterson of the city of Meadville in said county, respectfully represents:…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
This case seems to have been argued and adjudged in the court below on the view that the only essential and governing fact on the question of adoption is the literal decree of the court. This is an error. The cardinal fact is the intent of the adopting parent. The court has a veto power, to refuse to sanction the adoption unless satisfied that the welfare of the child will be promoted by it, but beyond that its action is only confirmatory of the action of the parent, of which in the language of the statute, “ the record of the court shall be sufficient…
2Cases cited1 opinion
- Ballard v. WardSupreme Court of Pennsylvania · 1879
3Cited by11 opinions
- Estate of SykesSupreme Court of Pennsylvania · 1978
- Carroll's EstateSupreme Court of Pennsylvania · 1908
- Fisher v. RobisonSupreme Court of Pennsylvania · 1938
- Evans's EstateSuperior Court of Pennsylvania · 1911
- In re CampSupreme Court of Vermont · 1920
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