Benson v. Nicholas
Supreme Court of Pennsylvania
Appeal, No. 267, Jan. T., 1913, by plaintiff, from decree of C. P. Erie Co., Sept; T., 1912, No. 9, in equity, dismissing Mil to declare adoption of cMld, in case of Reatha Benson v. Mary B; Nicholas and B. J. Hewitt, administrator of the estate of James B. Nicholas, deceased. Bill in equity to declare a child legally adopted. Before Walling, P. J. The opinion of the Supreme Court states the case. On demurrer the court dismissed the bill. Plaintiff appealed.
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Appeal, No. 267, Jan. T., 1913, by plaintiff, from decree of C. P. Erie Co., Sept; T., 1912, No. 9, in equity, dismissing Mil to declare adoption of cMld, in case of Reatha Benson v. Mary B; Nicholas and B. J. Hewitt, administrator of the estate of James B. Nicholas, deceased. Bill in equity to declare a child legally adopted. Before Walling, P. J. The opinion of the Supreme Court states the case. On demurrer the court dismissed the bill. Plaintiff appealed. Error assigned was in sustaining defendants’ demurrer and dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a bill in equity filed by Reatha Benson against Mary B. Nicholas, the sister and next of kin, of James B. Nicholas, deceased, and against B. J. Hewitt, the administrator of his estate. It is averred in the bill, that when plaintiff was a child, Mr. and Mrs. Nicholas made an agreement with plaintiff’s father to adopt plaintiff, and to treat her as their own daughter; and that they did take her into their care and keeping from that time, and changed her name from Matilda Webb to Reatha Nicholas, under which name she grew up, and by which she was known.…
2Cases cited6 opinions
- Fredericks v. HuberSupreme Court of Pennsylvania · 1897
- Morrison v. Estate of SessionsMichigan Supreme Court · 1888
- Butterfield v. SawyerIllinois Supreme Court · 1900
- Carroll's EstateSupreme Court of Pennsylvania · 1908
- Ballard v. WardSupreme Court of Pennsylvania · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jean A. Kilby, on Her Own Behalf and on Behalf of Jane L. Kilby v. Marion D. Folsom, Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Third Circuit · 1956
- Besche v. MurphyCourt of Appeals of Maryland · 1948
- Benson v. NicholasSupreme Court of Pennsylvania · 1916
- Thomas's EstatePennsylvania Orphans' Court, Washington County · 1922
- Hall's EstatePennsylvania Orphans' Court, Philadelphia County · 1934
2 more not listed; retrieve them via the Exa API.