The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-23
BROWNS WILL
TO Be ATTACKED
Mrs. Bradley Said to Be Able
to Supply the Necessary
Evidence.

/ That determined effort will he made
to break the will of Arthur Brown seems
| assured. 1t will be made in the interest
of the two children of Mrs. Anna Brad
| ley, Browns slayer. The principal evil
dence will probably be a written ac-
acknowledgement of parenthood. signed by
| Arthur Brown, and now in Mrs Brad
/ ley's possession. This statement is said
4 to contain a promise to provide for the
| children in his will
John A. Bartch, of Bartch & Bagley,
attorneys for Mrs. Bradley, when seen
| yesterday, did not deny that such an eff
| fort would be made He said he expect
| ed to hear from Judge Bartch. who is III
Washington comforting with Mrs. Brad
! ley. some time today in regard to the
| action to be taken.
viii Be Hard to Break.
That the document will be a difficult
one 10 break is acknowledged by all at
| tOrncys interested. and in speaking of
the matter yesterday Judge O. w. Pow
ers said: Although it is a strong will.
l have seen stronger ones broken, and l
do not see any reason why an attempt
to break this one could not succeed"
Whether the viii is broken depends to
a considerable extent upon the statement
said to be in Mrs. Brad1ey's possession,
and whether it can be shown that undue
time he made it. w. l.. Dunn. one of
| the witnesses to the making of the will.
when seen yesterday. refused to describe
any of the incidents or circumstances
surrounding its compilation.
IF necessary ! will tell in court what
[ know, but l will not say anything un-
I'll the proper time comes, said Mr..
Dunn. This statement is taken to in
dictate that there were unusual circum-
stances surrounding the making of the
will. and suggests perhaps the presence
of undue influence. 1t is believed that
in order to establish this point it will
shown n
wills Brown acknowledged the Bradley
children and gave them part of his
estate.
Right to Inherit.
II the will. or that part of it referring
to the Bradley children, is declared void
there could be no question as to their
right to inherit their share of the estate
according to the rights of succession as
laid down in the Utah statutes. The su-
preme court of the United States has
passed upon this point and has declared
that Sec 2S53 of the statutes, which pro-
vides that every illegitimate child is an
heir of the person who acknowledges
himself to be the father of such child, is
valid This was decided in the famous
ease of Cope VS.. Cope, 137 L. s. 222. This
case is of historic interest as it affirms
the decision of Judge G. w. Bartch, at
that time probate judge, and now at
torney for Mrs. Bradley. The supreme
court of Utah had declared the statute
void on several occasions. but when the
NOBt Ease CAME UP 1851 Judge 0aTtCn
said it was valid. An appeal to the su-
preme court was taken, and that body
reiterated its former opinion The SUI
preme court of the United States how
ever, overruied the Utah court and up-
held Judge Bartch, forever settling the
matter. An extract from the decision
which may be of interest in view of pres
ent circumstances is as follows:
From the Decision.
IF the question of parcntagc is salts
factorily settled there would seem to he
power in the legislature TO endow even
the children of adulterous intercourse
with Unbeatable blood from their father.
Legislation admitting Legitimate chill
dren to the right of succession is I'M
doubtedly in derogatiOD of the common
law and should be strictly construed. and
hence il has generally been held that
laws permitting such children, whose
parents have since married. to Inherit
do not apply to the fruits of adulterous
intercourse. But while it is the duty of
the courts to put a construction upon
statutes which shall. SO far as possible.
be consOnaDt with good morals, we know
of no legal principle which would au-
thorize Us to pronounce statute of this
kind which is plain and unambiSuous
upon its face void by reason of it's fail
ure to conform to our own standard of
social or moral obligations Legislatures
are as competent as courts to deal with
these subjects and, in fixing standard