Benson v. Nicholas

Citations

• 246 Pa. 229
• 92 A. 139
• 1914 Pa. LEXIS 499

Syllabus

<p>Equity — Equity jurisdiction — Adoption—Methods of adoption-^Agreement to adopt — Adoption- Toy parol — Acts of May J¡, 1855, P. L. ISO, Sec. 7;. May 19,1887, P. L. 125, Sec-. 1, and April 2,1872, P. L. 81, Sec. 2 — Demurrer.</p> <p>1. The adoption of a child cannot be effected by parol. The only methods of adoption of children known to the law of Pennsylvania are those prescribed by the Act of May 4, Í855,' P. L. -430, Section 7, as re-enacted by the Act of May 19, 1887, P. L. 125, Section 1, and the Act of -April 1; 1872; P. L. 31, Section 2. -The former provides for adoption by petition to, and decree of, th.e Court of Common Pleas, and the latter for adoption by deed duly executed and recorded.</p> <p>2. A bill in equity filed by the plaintiff against the sister and next of kin of a decedent and against the administrator of his estate, averred that when the plaintiff was a child, the decedent and his wife made an agreement with plaintiff’s father to adopt plaintiff; that there was no legal, adoption owing to the fact that the father could not be found nor his consent obtained; that they took her into their care and keeping, changed her name, exercised the authority of parents over her and maintained the family relation to her during their lives; and that she performed her part by rendering the duties and services and obedience due from a child to her parents. The bill prayed for a decree giving effect to the agreement, and that plaintiff be declared entitled to such share of the decedent’s estate as she would have been entitled to, had she been legally adopted. Held, that the court did not err in sustaining a demurrer and dismissing the bill.</p> <p>3. In such case, if plaintiff had any claim to the real estate of decedent, her remedy would be by ejectment and the exclusive jurisdiction to determine her claim to share in the estate as a distributee would be in the Orphans’ Court. . ,</p>