Woltemate's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1875, No. 220. Appeal of Rosalie Woltemate, from the decree of the court confirming the report of the auditor upon the account of the administratrix of Xavier Ditsche, deceased. Xavier Ditsche died intestate, in 1871, leaving a widow, the accountant, but no issue, nor father, nor mother. A brother, Conrad, and sister, Rosalie, survived him, the latter being intermarried, with Henry C. Woltemate.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1875, No. 220. Appeal of Rosalie Woltemate, from the decree of the court confirming the report of the auditor upon the account of the administratrix of Xavier Ditsche, deceased. Xavier Ditsche died intestate, in 1871, leaving a widow, the accountant, but no issue, nor father, nor mother. A brother, Conrad, and sister, Rosalie, survived him, the latter being intermarried, with Henry C. Woltemate. The auditor found that Xavier, Conrad and Rosalie were the illegitimate children of Elizabeth. Ditsche, who died in 1844. The…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
— The interpretation heretofore given to the Act of April 27th 1855, relating to illegitimates, is, that the inheritance of estates is confined to the mother and the illegitimate child, but extends from either to the other : Opdyke’s Appeal, 13 Wright 373; Grubb’s Appeal, 8 P. F. Smith 55; Steckel’s Appeal, 14 Id. 493. This is in accordance with the precise language of the act, to wit: “And they (illegitimate children) and their mothers shall respectively have capacity to take or inherit from each other.” This has been held to be the extent to…
3Cited by5 opinions
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