Cope v. Cope
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an appeal from a decree of distribution, originally pronounced by the Probate Court of Salt Lake County, affirmed by the District Court of the Third Judicial District of Utah,, and again by an equal division of the.Supreme Court of the Territory.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an appeal from a decree of distribution, originally pronounced by the Probate Court of Salt Lake County, affirmed by the District Court of the Third Judicial District of Utah,, and again by an equal division of the.Supreme Court of the Territory. The sole question presented for consideration was, whether George H. Cope, the illegitimate child of Thomas Cope, was, under the facts of the case, the. heir of Thomas Cope, deceased. The finding of facts, so far as the same are material, was as follows: 1. That Thomas Cope, deceased,…
1Opinion of the CourtJustice Brown
The appellant, George H. Oope, who is admitted to be the illegitimate child of Thomas Cope, by Margaret Cope, his polygamous wife claims the right to inherit a share of his father’s estate under a Territorial statute of Utah, enacted in 1852, which provided as follows: “ Section 25. Illegitimate children and their mothers inherit in like manner” [as legitimate] “ from the father, whether acknowledged by him or not, provided it shall be made to appear to the satisfaction of the court that he was the father of such illegitimate child or children.” Compiled Laws of Utah, 1876, § 677.
While this…
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