Show LEGAL STATUS OF cw f 1 K EN DEFINED supreme court fixes eights rights of polygamous offspring in Oi opinion determining valuable realty rights according to an opinion down by the state supreme court last saturday children of plural wives horn born on or before january 4 1896 are entitled to inherit property from both the mother and the fattier and can transmit property to the father or to the heirs of his side of the house to do this hoever the father must publicly acknowledge the child as hie his own where it bears his 1 name and where it la Is received in the fathers legal family wi a recognized son this holds good not only in relation to children born on or after january 4 1896 but also in the opinion of the majority of the court even though the children do not come under the legitimating act at the time utah became a state cuso caso in III the case in question is that of annie P kliwer er again t the district court of the first district presiding jude judge W W maughan Mau ehan L W anderson na as administrator of t the e estate of nephi P anderson Aude raon and martha lartha anderson the action came before tho the supreme court in the form of a petition tor for the issuance of a writ of certiorari ag against dinst judge maughan to compel him hint to certify to the me court a transcript of the proceedings in the estate of joseph jeseph T anderson deceased judge maughan vaughan presided in III an action brought over the distribution of the estate consisting of property in box elder county to the fathers estate instead of to the grandmother and the tile plaintiff in the action as mother of the mother 11 1 tho 1110 a acme the op opinion tillon was mas written by chief justice prick frick and concurred in by justice mccarty justice strau ostrau wrote a separate opinion in which he lie concurs in the opinion of his associates so socia tes in every instance excepting that be lie differs in regard to tho the manner mannor in which aich tho the case was brought before the court contending that it should haie come up in the regular order of appeal annie C Iloh plaintiff in the action is mother of maggie maggio rohwer roh roha A or a plural w ife of nephi P anderson now deceased As a result of this union between eteen maggie R awer and nephi 11 anderson a ban u joseph 1 kr iderson was born maggie rohwer owned property in la her own name and at her death she left it to hs hr r son a minor the child before attaining his majority died leaving the estate which had come to him from his mother the estate was prota probated ted before judge ju cig e maughan and in due course of time was ordered by the court to he ie distributed to the father of the deceased 1 Is 14 4 complex one the property in question came into possession of the boy by dee I 1 from his mother before her death but the grandmother of the boy after the property had been ordered distributed to the father coa contested tested the action of the court on the ground that tb estate should have come conle to ner and not to father as the property title had been vested in the mother who waa was the plural wife of the boys father the questions raised before the me court on the action filed there were as to whether or not a child born of a plural union might inherit or receive property title and whether or not he could transmit that estate to the tile father or th tha I 1 t ter a estate and heir heirs the facts how that joseph T anderson the minor was borr prior to january 4 1896 and thus came under the provisions provision of the legitimating act of the legislature legislature elicit ivin standing the court holds that the intention of the legislature in passing this act was to give such children to which it was applicable all the legal and other rights enjoyed by children born of monogamous marriages holding this the court holds that the boy though a minor bad had the right to receive title from his mother to the property in question and tho the right to transmit that property as his upon death the right of thu father as the nearest relative to receive such estate from the boy though he were the son of a plural wife Is established by the chirt on the ground that the procedure in tha tb distribution of a sons eons estate where the tho mother la 19 dead and the father Is the nearest relative should proceed the same as in any ordinary case of monogamous merri ferriage age |