Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-21


csurt on the let Gay Of March. ISsg.
are and shall be taken 30 be fats il
. the case and that the sole question
to be determined In this case
is whether the snid George n. Cope.
. mentioned in the decree as the
. pulygamOus child Of Thomas Cops.
deceased, Is an heir OF said de
ceased.
The facts found and stated in said
degree. 80 far as they are material
to the determination Of this case are
asfollows:
DECREE or DESTRUCTION.
George II. Cope, son Of Thomas
Cope, deceased, having heretoionr,
TO IEiI, on the 4th day Of February
ISIS, filed in the court his petition
stating there, among other thing.
that the final account of Thomas
Cope, deceased had, been stated and
that said estate was in condition Z.
be closed; that a portion OF salt
estate remained TO be distribute
among those entitled thereto and h,
was n son Of said Thomas Cope, de-
ceased, and an heir to said estate,
and praying that a distribution OF
said estate be made, and Janet Cope,
widow, and Thomas II. Cope. the
son Of said Thomas Cope, deceased.
having filed III this court their writ
ten objection TO any Of the said
estate being distributed to said Geo.
! II. Cope, because the said George
] II. Cope was not an heir 10 the es-
tate Of Thomas Cope, deceased, and
| praying that distribution Of said
estatebe made Othem. Said mat
tiers coming on regularly to be heard
ON this first day Of March, 1889, at
I 10 O'Clock n. N. the said George II.
Cope appearing 10y his counsel. G..
| o. Whittemore, and the said James
Cope and said Thomas Ii. Cope aI-
pearing by their counsel, /. NJ. Wad-
dell. This Court proceeded to the
hearing Of this matter, and proof
having been made to the satisfaction
Of the Court that due notice had
been given Of the hearing Of said
Petition as required by law and the
order Of the Court, and it appearing
70 the Court from the proof made in
open Court that the said Janet Core
was the legal widow and the said
Thomas IL. Cope was the legitimate
son of said Thomas Cope, deceased.
and one Margaret Cope the plural or
polygamOus wife Of said deceased:
that the marriage Of said Thomas
Cope with said Margaret Cope was
contracted when the said Janet
Cope was the living and uEdivOrced
wife Of the said Thomas Cope. de-
ceased; that the said Thorn; Cope,
deceased, died in Salt Lake Cay on
or about the - day Of August. Z
1864, leaving aR estate consisting Of 1
the real and personal property here
inbefore described, the title 10 y hich I
Is held by Thomas Jack, adminis-
traitor OF the estate VI Thomas Cope,
deceased, in trust for the heirs Of |
said estate; that the same Is now in I
a condition to be closed; that tire /,
whole OF said estate was the /
separate property Of said deceased. |
The court finds that said George II. |
Cope is son of the issue Of said pO- |
lygamoRs marriage Of Thomas Cope; |
NAANAA - AA0A al VI
Thomas Cope, anu Is not entitled TO .
any share in the distribution Of the /
estate. The court further finLs that I
the said Janet Cope Is the lawful 4
widow and the said Thomas H.C upe I
Is the legitimate son Of the said uu-
ceased, and are the sole heirs OF said i
deceased, and were entitled to have
said estate distributed b them. IL
Is hereby ordered, adjudged and tie
creed that all and singular the zeal.
estate hereinbefOTe described be and i
the same Is hereby distributed In
full 10 Janet Cope ana Thomas Ccge
in equal and undivided shares.'
Al the time Of the death Of said
the statute OF the Territory
of Utah in relation TO the estate OF
decedents provided as follows, 10
wit:
section -. The homestead Occu-
pied by the wife or ally portion Of
the family Of the deceas,d at the
time of his death shall in ali cases be
held free to the use OF the wife and
family Of the deceased, and shall
not Ice liable TO any claim or claims
against the said estate, and If
there be any property remain
ing after the liabilities Of the
estate are liquldated. then il shall.
in the absence OF other arrange
ments by viii, descend ia equal I
shares to his children or their heirs: Z
one share TO such heirs through the
mother Of such children, nshe shall
him, during her natural
life or during her widowhoOd; or il
he has had more than one wife, who /
either died or survived in lawful
v edlock, It shah be equally divided
between the living and the heirs OF
those who are dead, such heirs taken
by right Of represe NATION;
.Illegitimate children and their
inherit in like manner from.
The father, whether acknowledged
by him or not, provided il shall be
made 10 appear 10 the satisfaction OF
The court that he was the fnther
,f such ilIegitimate child or child
ren.3
This statute was enacted March
q, 1859, and it is by virtue Of the
provisions Of the last of the above
sections that counsel for claimant
that he is entitled 10 no
or share Of said dece-
tents estate. IL will be observed
hat this st tute makes no distinction
Is to their right to inherit from the
ather between the legitimate chill ,
iren and Legitimate children who .
ire the offspring Of n pOlygarnuus
wife and the children Of a prostitute; /
although such Legitimate children ,
nay never have been recognized 10y !
he father during his lifetime. vet :
lfter his death, IL 1t shall be made 10
appear to the satisfaction OF the court
hat he was their father, " they and
heir mothers were placed on stsb-
tantial equality with the lawful
widow aud legitimate children, and
inherit in like manner from
he father.v Whether the statute
vas void ub ilitio because con-
nary TO COED morals aud against :
,ublic policy, it is not necessary 10
in this case. in view Of
he act OF Congress Of July LIST, 1852
in compiled laws Of Utah, ISIS.
Vol. l. y. 1879. The first section
Il this act prescribes the punish I
nent for the crime Of bigamy in
my Territory or other place over :
which the United States has exclu-
i've jurisdiction. The second SET .
ion is as follows, to wit: l.,
Section 2.-That the following ,
'riinznce Ct the provisional gov
'rnment Of the State OF Desert, so
allied, namely, SAN ordinances in-
the Church OF Jesus