The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-05-12
DECISION SETTLES
CH|LDREN'S RIGHTS
Supreme Court Passes on the
Legal Status of Issue of
Polygamous Marriages.
TIME OF BIRTH FACTOR
May Inherit From Father if
Born on or Before January
4, 1896.
TIME OF BIRTH FACTOR


given the capacity according to AZ
opinion Of the state supreme cour1
handed down yesterday. 10 inherit
property from the father as well =,
the mother. and TO transmit property
to the father and his heirs. This opin'
ion. which affects hundreds of citizens
of Utah, changes the existing rule thai
offspring of polygamous marriages be
ing considered illegitimtac. couid IN
herit only from the mother and could
transmit property only TO the mother
and their own offspring.
The supreme courts opinion was
rendered in the case Of Annie c. Ron
wer against the district court or the
First district; ". ", MauG han, its
presiding Judge; Martha Anderson and
j.. W. Anderson the latter administra-
tor of the estate Of Nephi p. Ander-
son. Tho plaintiff. maternal grand
mother Of Joseph Anderson, deceased
sued for possession of norDertv which
her grandson had owned and which on
his death had come into possession of
his father, Nephi ?. Anderson. The de-
cisiop of the lower court WAS in de-
fendant's favor.
Up to Highest Court.
The case came to the attention OF
the supreme court in the form OF a pc
titioD for issuance of d writ OF Ger
tiorari against Judge Maughap to com
pei him to certify to the supreme court
transcript of the proceedings in the
estate Of Joseph IT. Anderson. The
supreme court held that the action ot
the lower court was proper ana
duashed the alternative writ of certlo'
rari. Justice Straup coucurred in the
dismissal Of the writ but in separate
I'D 90 al
in bringing the matter to the attcn- |
tion Of the higher tribunal.
The opinion of tho supreme court |
provides that public acknowledgment
by the father of an offspring OF a
plural marriage, where the child bears
its father IS name and is received in |
the family as a member of same and |
a recognized son Of his father may in
herit the estate and in turn bequeath |
il to his descendants.
History of Case.
The history Of the case on which this
important ruling is based is as follows:
Annie G. Rohwer,- plaintiff in the
action, is mother of Maggie Rohwer, a
deceased. AS result of the union be-
tween Maggie Rohwer and Nephi p.
Anderson son, Joseph T. Anderson,
WIS born.
Maggie Rohwer owned property in
her own name and at her death she left
il to her son, minor. The child, be-
8oro attaining his majority, died. leav.
ing the estate which had como to him
from his mother.
The estate was probated before Judge
Maughan and in due course of time was
ordered bv the court to be distributed
TO the father of the deceased.
The property in question came into
possession Of the boy by deed from his
mother before her death. But the
erty had been ordered distributed to
the father. contested the action Of the
court on the ground that the estate
should have come to her and not to the
father, as the property title had been
vested in the mother, who was the
plural wife Of the boys father.
Issue as Raised
The questions raised before the SUI.
preme court on the action filed there
were as to whether or not a child born
OF plural union might inherit or re.
ceive property title and whether or nor
he could transmit that estate TO the
father or the latter s estate and heirs
The facts show that Joseph IT. An
derson, the minor, was born prior to
January a, 1896, and thus came under
the provisions Of the legitimatinp act
of the legislature.
Tho court holds that the intention of
the legislature in passing this act was
to give such children to which if was
applicable all the legal and other rights
enjoyed by children born OF monoga.
holds that the boy. though minor. had
the night to receive title from his
mother 10 the property in question and
the night to transmit that property. as
his estate, upon death.
The right of the father, as the near.
est relative, to receive such estate from
the boy, though he were the son Of
plural wife. is established by the conrt
on the ground that the procedure in the
distribution of son Is estate. where
the mother is dead and the father is
the nearest relative. shoulI proceed the
ssme as IN any ordinary case of
homogeneous marriage
Other Gases Decided.
The supreme court affirmed yester.
day the Judgment OF the lower court
In the suit of Nellie Bennett Stuart
against John Douglas Peterson, in
wmch plaintiff was awarded Judgment
ioI royalties on n shotgun patented by
defendant, The plaintiff bad financed
t5e patenting Of the GUN and tue ex.
ploitation of the invention and sued
on q contract emitting her to divi.
sion Of tho royalties.
The supreme court reversed and re
nauded the suit of Jesse :. Richards
against tho Oregon Short Limo Rail.
road company in which plaintiff had re.
celved verdict for the value of two
horses killed by a train.
Judgment for plaintiff for solli.gji
on open accounts granted by tho lower
court 20 the Ogden Packing & Proyi
sion company against the roocle Meat
Il Storage company was affirmed bv
tins supreme court.
Convict Arraigned.
Toy Smith. an inmate Of tho date
prison, appeared yesterday before Judge