Show AS nEIRSHIP DECISION lEads bj the Territorial Soprano Court AtlSbIocV ycslerday aftefneon Judge Anderson tiled the follow opiuionln the Territorial Supreme Court In Ult w matter of Ute otaia of Thomas Co e stuccoedt I I OeoIVo H Cope a wa of the I nbovu named decedent applied to the Probate Court of Salt Late Counlr for a distributive share of I the estate of slId Utcedknt His right to share in such distribution was objected to by Janet Cope and Thomas H Cope lawful wife and ton respectively of sold I decedent I i A trial was haI Hd hits Probate I Court adjudged that the Mill Oeorge I H Cope was not an heir of laid 1t = liltJ 1 decedent and not entitled to sharp I j In the distribution of his estate and I decreed thcdktributionof the whale I I i e > tate remaining In the hands of till rJlJt06 fn I administrator to the raid Janet Cope mid Thomas II Cops From this decree the said Ueorgj II Cope has appealed to this court UOWbUtc I Hole mill XVim ArmtrouT alter neys for George II Cope nstl Ltt Grand a cong and John > I Zane attorneys for Janet Cope and Thins Cope counsel for the respective parties have stipulated in writing thus Thu fact as Mated and fouuu lu the decree of distribution road and delivered by said Probat eiiirt on tho rrt dor of March uSSR Are and shall U taken to be fat ts In the case and that the sole question td be determined In this ese Is whether thtsnid Georeu JI Cole mentioned in the decree as the I polygamous child of Thomas Cots I dec i < ed Is an heir of aid tie ceased Thefacti found and stated in said fo cree to far a they ar materlil to the detecinlnatlots of thIs cite art asrolloI uccnzBOF rtsrniwnioK George H Cope ton of Thomas Cope decraseJ having heretotuiv to wIt on the Kh day of February ISSS tiled in the court lib pctttioi sutlnj there among other thing tliatlliu filial account of Thomas Cope deceliEd had been stated and that ajd orIole was In coudlUjn Ube U-be closed that a portion of sale estate remained 10 be diStrIbute among thiKi entltlnl thereUand lu was a ton of said Thomas Cope deceased de-ceased and an heir to said estate and praying that a distribution 01 said estate be made and Janet Cope wIdow and Thomas II Cope tile sun of said Thomas Cop deeca vt liaxing filed in this court their written writ-ten objection to any of the said stAt teeing dUtributvd tosaiJ Gee II gW because the said George Copuwasuotan heir to the estate es-tate of Thomas Cope deceased and pmylns that tlMiibution uf said iIt feaJe j It lt tatate be made Vthem Slid matters I mat-ters coming on regularly to bo heard on this tint day of March ISSJ at 10 oclocl n m tile raid Ueorge II Cope appearing by his counsel p O Vhittemorc and the aid James CopoaudKiid fhoinas 1I Cope njt jiearing by their counsel I M Wad dell This Court proceeded to tLe learing of tillS matter and proof laving been made to the satisfaction bf tho Court that due notice had been given of the hearing of aid jvtitlon as required by law and thu order olIe Court and appearing to the Court from the proof uuile in open Court that the said Janet Coj j was the legal widow and thei said I Thomas H Cope was tho legitimate son of said Thomas Cope deceased and ono Margaret Cope the plural or lygnmou wife cf said deceased that the marriage of saId Thoma i Cope with Mild Margaret Cole was I contracted when the Mid Janet I f Cope was the livlngand uudlvurced I S wife of the said TlioiuasCol di > i tIf tduI 1 ceased that the saId Thum I s Cop I deceasel tiled In Salt Lake City on or about the tiny of Au ut ISbl leaving an estate cguUUiis of I the real and jicrxomil property hen inbcforu desoriliod the title tuwiiich Is held by Tiiomiu Jack udmiuk trator of tliu usluluof Tlioman VII i < I Ueccaed In triut fur thu hilra of said estate that tle same iA I LOW in a IOn llllu to bu closed that lIlt whole of laid table was the separate I property of said decvastd The court linda that said George II COlIC Ii a son of the bane DC Slid roO I lygami marriage Thomas O > j < that he Is not an Iieirof t < aid dectaKtl Thomas Cole and Is nIt entitled to I any share In the ililribution ot the estate The court further finus that I the said Janet Cope Is the lawful I I widow and thesald ThomasIIt t u I is thu j legitimate son fotis eaulilt i I ceased and are the sole heirs of uJ I deceased ami were entltleil to have said estate distributed to them It in hereby ordered atljudgetl and decreed de-creed that all singular the real estate herelnbvfuredeicribrd be and tho fame Ls hereby distribute 1 In full to Janet Cope sill ThnmasCoje in equal and undivided chares Al the timu of the death of said decedent the statute of tip Territory of Utah in relation to the cttatuuf decedents provided as follows to wit I Section i4 The hoinesicad occupied occu-pied by the wife oh ally portion the family of the deceaitd et the time of Ills death shall in all cawo beheld be-held free to the use of the idle and family of the dcccaud and MriU not IIC liable to any claim or claims against the said etlate and if there bo any I property remain reo If ig rrma log alter thu liabilities of the tloe Sit liquidated then it shall iu the absiuce of other arrange mcnts by will descend in equal shares to lib children or their heir ouo hare to such hcirx through the mother such children IfjheKhall survive him during her natural life or during her widowhood or if he has had more lilac one n ife who either died or survived in lawful vtculock It fcliall be equally divided I between the living ainl tho heirs of those who are dcadcuch heirs taken by right of represtntation Illegitinutu children and their mothers inherit in like manner from the father whether acknou leilgcd by him or not provided it shall be nsdt to npf1r to the satlfactiun of the c urt that ho was the father oC RIch Illrgltimate child or children child-ren renThis statute was enacted March 23 1852 and It is by virtue of tile provisions of the last I of the above Sections thatcounsel for claimant contend that 1m U entitled to no distribution or share cf siid decedents dece-dents estate It will be obMrv I that this st itutc niaiis nodlstinetion as to their right to inherit from the father between the legitimate Children Chil-dren and illegitimate children who are the offspring of a polygamous wife and the children of a prostitute although such IllegitImate children may never have been recognIzed by the fattier during his lifetime yet after his death if it shall be made to appear to Kitbfnction of thu court that lie was their father they and their mothers were placed on substantial sub-stantial equality with the lawful widow and legitimate children am Inherit iu like manner from the father heWer Uie Matute wa I void 06 initio lecnumj contrary con-trary to gvcd morals futl against Xiblio 1lkyItta I not necessary to letermlne in this taU In vieu of I the act of Congress of July 1st Sb2 lu compiled laws cf Utah ISSS Vol 11 1079 The first section I of this act prescribes the Iunlh rnent for the crime ct bigamy in I allY Territory or other place over which the United States has ocrju slvejurisdlctiou Tho second sec tion is as follows to wit SectIon 2That the following ordinance cf the piovlslonal government gov-ernment of the State of Descrct so pilled namely An ordinance Incorporating In-corporating the Cbirch of Jesus Christ LitterHlay Saints pa < < il February 6th in the rijrlEoland adopted enactcd and madu valid by the Governor and LegWitlvo Assembly of the Territory of Utah by an act pawed January 19th in the year 1S55 entitled An act In relation to the compilation and revision of the laws and resolutions In force In Utah Territory their publication and di d friliuUon and another t and I ports of nets Lcrctoro racseil by time said LegIslatIve AKseinbly uf the Trrltory of Utah which establish estab-lish support maintain liilkl or J I counieuanco polygamy be and the toni arc hen disapproved and annulled proild th t this actsUill LeO limited and courei oj not to afFect or Interfere with the right 6t property legally acquired under the ordlnancchcrrtcfore mentioned the rIght to worship God according to tin dictates etf oonscfejje0 hut toannul oltas3 eJ Lalet which establish maintain protector resin tenanco the Practice of polygamy evwivcly rolled spiritual mar dope however dljuiseJ by legal or ecclesiastical tolcmnltieis facra rconts ceremonIes consecration or ether cotitriVancif Counsel fur tho wluow nod legitimate legiti-mate son insists that tins set cf CcnreM iltaporoved and annulled the Territorial statute giving to illegitimate children and their mothers the right to inherit from the father upon the ground that the TortttormlMJtutd maintained protected pro-tected uj conutenanctti the practice prac-tice of poll gamy At Otis time of the powagc of this net the Inhabitants of the Territory were almost 411 members of the Church of Jesus Christ of letter day Saint commonly called Marmon They profesael a belief In poTS31 and their socalkHl rruihcu alii revclaton ciaimeil tu imve recelveil revelations from God commanding its practice It was the most distinguishing distin-guishing feature of the Mormon Church and ita members had settled iiere that they might practice it un dkturled It was lubilcly taught iu their churches and openly practiced prac-ticed in all purtsot the Territory by the people The Guvornor ant members of the legislative ssoem Lip belonged to that Church am polygamy was cstibibhedl dud the approved condition of the 1Pd J In order rioniTtrto Inducevome to willingly enter luo eubh a life It 5cs neetrsary to provide as lt a 5 posUbefurthesupportof Mich worn en and childrenand I think it canlot be disputed that this statute was passed fur this pcfpose although It doe nuf In nx tre 8 tenns nuiitio l > lural 01 polygamous sOlVes Ortllelr ehiMnn Atcummuri IntO lil gltl male hildren cur lucapuMb 01 teeing heirs nor could hip have any heirs but thins of their own body IlUcktlones Commentiries Vol I p2I9 Wliile the rigid nil of the comzuim hate us inen mire or l modine < nii meet of the Staten of the Union to that rn UleRi titIllate cilIM cnn inherit from its mother nnd a mother from thus child nn1 in Rome of the States m iIksitimatu thiM may inherit from its father recognized by him during dur-ing his llfulmc yet lo iiu Slate or Territory excejt in the Territory of Chill nor in any civilized nation uf thu world M far at I am aware Is there n etatule Riving to illegitl mate children when not recupilzcn ly l the father during hU llfaime the right to prove alter his aleiLl thattiiey rIle hU children anal u > In hcrit from him ttm name as If they trvre Iirillmatii I think H to lalnthnt tiltS lerrito rial statute rountenamcd and pro tectwl the practice of polygamy am was therefore annulled by the act on Congress referred to It follows that George H Cop is not an heir of tho decedent fhumas II Cope and Is not entitled to share in the distribution of tile estate The judnnint of tIle Prctote > curt ia aQirmcdl |