Neil's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Washington county: Of October and November Term 1879, No. 298. Appeal of Jane Neil from the decree of the court confirming the report of the auditor appointed to distribute the estate of her husband, Samuel J. Neil, deceased. Samuel J. Neil was the illegitimate son of Hannah Thompson. He died in the year L876, seised of a tract of land, intestate, without issue, and left surviving him his mother, Hannah Thompson, and a widow, Jane Neil.
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Appeal from the Orphans’ Court of Washington county: Of October and November Term 1879, No. 298. Appeal of Jane Neil from the decree of the court confirming the report of the auditor appointed to distribute the estate of her husband, Samuel J. Neil, deceased. Samuel J. Neil was the illegitimate son of Hannah Thompson. He died in the year L876, seised of a tract of land, intestate, without issue, and left surviving him his mother, Hannah Thompson, and a widow, Jane Neil. The real estate belonging to the decedent was sold, under an order of the Orphans’ Court, for the payment of debts. The…
1Opinion of the Court
*196The judgment of the Supreme Court was entered November 28th 1879,
2Per curiam
The Act of April 27th 1855, expressly provides that illegitimate children, with their mother, shall respectively have capacity to take and inherit from each other personal estate as next of kin, and real estate as heirs in fee-simple. Words could hardly have been found to express more clearly the idea that so far as respects each other the bar of legitimacy is removed. Of course the Act of 1833 is so far modified where it provides, that in default of known heirs or kindred, competent as aforesaid, the widow shall be entitled to…
3Cited by2 opinions
- Goughnour v. ZimmermanSupreme Court of Pennsylvania · 1912
- Commonwealth v. Campagna, Pennsylvania Court of Common Pleas, Alleghany County1940