The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-29
P0LYGAM0US. CHILDREN
Statute Touching Their Rights to
Inherit Unconstitutional
IN so FAR AS RECoNSIDERING
CASES ADJUDICATED
Under the Old Law in Regard There
to Supreme Court So Holds in
the Matter of the Estate of the
Late George Handiey

The state supreme court yesterday
handed down a very important opinion
in the matter of the estate Of George
Handley. deceased. The Importance of
the decision rests in the fact that il de-
clares unconstitutional the act of the
legislature of 1896 touching the rights
of polygamous children to inherit.
The record showed that George Hand
ley died on May %. 1874, leaving a
lawful wife, Elizabeth. and polyga-
nous wife, Sarah \. Chapman. and
four children by each. The first and
lawful wife, Elizabeth Handley, was
appointed Administrative of her hus-
bands estate. The plural wife and her
children filed a petition praying that
they be recognized as lawful heirs Of
their father and that his estate be di-
vided in equal parts among the chill
dren of both marriages.
The court then ruled that the petit
TONERS were not entitled under the law
TO any part of the estate of the de-
ceased. which was valued at 5,916.
The territorial SUPREME court affirmed
the judgment of the lower court and an
appeal to the United States supreme
court was dismissed for want o. juris-
diction.
expiration of the time within which a
motion for a rehearing could be TCade
under the rules of the supreme court
of the territory or of the state. the leg
islature of the state of Utah passed the
act in pursuance of which the petition
ers presented their motion for a re-
hearing. which the court now denies.
THE UNCONSTITUTIONAL STAT
ITTE
The statute is as follows:
Sec. l. That sec. 2742 of the com
piled laws of the territory of Utah. in
cluded, when enacted and effectually
operated at all times thereafter and
now operates to include the issue of
bigamOus and polygamOus marriages,
and entities all such issue to inherit as
in said section provided. except the act
Of congress called the Edmunds-T Tucker
act
Sec. 2. That in all cases involving the
rights of such issue to so inherit here
tofore determined adversely to such is
sue in any of the courts of the territory
of Utah, a motion for a new trial or re-
hearing shall be entertained on applica-
ton of such issue who was or were
parties at any time within one year
after this act shall take effect and the
case or cases in which said motion is
so directed to be heard shall be deemed
to be transferred TO the courts Of the
state of Utah corresponding TO that of
the territory of Utah, in which sucn adj
verse decision was made and the courts
shall thereuDOn proceed to hear and
determine said motion, and if granted,
to proceed TO hear and determine said
case or cases without prejudice from
the lapse Of time since the former hear
ing or any prior determination of
like motion, provided. that this act
shall not be construed TO affect the
rights OF any bona fide purchasers from
any such parties before the approval of
this act"
The opinion holds that the decree of
the court determined the interests Of
the children of the lawful wife 10 the
estate in litigation and gave them an
right to its possession. The
was exhausted and the rights
of the parties were established by that