Opdyke's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Northampton county. This was an appeal by Thomas R. Opdyke and Mary his wife, from the'decree of the court below on the report of the auditor on the account of Theodore Robinson, administrator of Jemima Sharps, deceased.
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Appeal from the Orphans’ Court of Northampton county. This was an appeal by Thomas R. Opdyke and Mary his wife, from the'decree of the court below on the report of the auditor on the account of Theodore Robinson, administrator of Jemima Sharps, deceased. The case was this: — Mrs. Jemima Sharps died on the 29th of March 1861, intestate, leaving Lucinda Dunn, a legitimate child, and Mary Opdyke (wife of Thomas R. Opdyke), and Ellen Sharps, illegitimate children, who both were known by the name of their mother. Mrs. Sharps died possessed of but a small amount of personal property, but was seised…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
Our duty is to interpret fairly the Act of 27th April 1855, conferring the capacity to inherit upon illegitimate children and not to alter, amend, or repeal it. If the tendency of the act be to libertinism and a discouragement of marriage, it is a reason for its repeal, but we cannot interpolate terms unsupported by its language or its spirit. Before the Act of 1855, the difference between legitimate and illegitimate children, as to descendable property, was simply the capacity to inherit. The former were able and the latter unable to…
2Cases cited6 opinions
- Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Hartwell v. JacksonTexas Supreme Court · 1852
- Shoenberger v. LyonSupreme Court of Pennsylvania · 1844
- Alexander's Adm'r v. AlexanderSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- FRAZIER v. Oil Chemical Co.Supreme Court of Pennsylvania · 1962
- Reed v. GeddesSupreme Court of Pennsylvania · 1926
- Estate of McCullySuperior Court of Pennsylvania · 1899
- Commonwealth v. Campagna, Pennsylvania Court of Common Pleas, Alleghany County1940