Leinbach's Estate
Supreme Court of Pennsylvania
Appeal, No. 345, Jan. T., 1912, by B. Franklin Leinbach and Warren J. Thomas, Executors of Albert Leinbach, from decree of O. C. Berks Co., June Term, 1912, No. 73, confirming adjudication in the Estate of Jonathan G. Leinbach, deceased. Exception to adjudication.
Read the full summary
Appeal, No. 345, Jan. T., 1912, by B. Franklin Leinbach and Warren J. Thomas, Executors of Albert Leinbach, from decree of O. C. Berks Co., June Term, 1912, No. 73, confirming adjudication in the Estate of Jonathan G. Leinbach, deceased. Exception to adjudication. Before Bland, P. J. From the record it appeared that on November 2, 1903, Jonathan G. Leinbach, the decedent, presented his petition to the Court of Common Pleas of Berks County, under provisions of the Act of May 9, 1889, P. L. 168, for the adoption of Carrie B. Madeira, who was. at that time 28 years of age. The court made the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The argument in support of appellants’ contention that the Act of May 9, 1889, P. L. 168, entitled “An act relating to the adoption of any person as an heir,” is unconstitutional, rests on three distinct propositions, either one of which if made good would necessarily prove fatal to the act. The first is that the act is an amendment to the Act of April 8, 1833, P. L. 315, relating to the descent and distribution of the estates of intestates. If this be so, inasmuch as the amending act does not re-enact so much of the original act as is amended, extended or…
2Cases cited5 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1868
- Searight's EstateSupreme Court of Pennsylvania · 1894
- In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
- Jewell's EstateSupreme Court of Pennsylvania · 1912
3Cited by17 opinions
- Collins EstateSupreme Court of Pennsylvania · 1958
- L. J. W. Realty Corp. v. PhiladelphiaSupreme Court of Pennsylvania · 1957
- Commonwealth v. GrossmanSupreme Court of Pennsylvania · 1915
- Mallinger v. PittsburghSupreme Court of Pennsylvania · 1934
- Carr v. Ætna Accident & Liability Co.Superior Court of Pennsylvania · 1916
12 more not listed; retrieve them via the Exa API.