Morgan v. Reel

Citations

• 213 Pa. 81
• 62 A. 253
• 1905 Pa. LEXIS 377

Syllabus

<p>Constitutional law — Courts—Judges—Orphans’ court — Common pleas— Act of April 18, 1905, P. L. 208.</p> <p>The act of April 18, 1905, entitled “An Act to authorize the judges of the separate orphans’ courts to hear and determine proceedings in equity at the request of the judges of the common pleas ” is constitutional.</p> <p>The said act has no bearing on the orphans’ court itself nor does it in any way infringe on the constitutional province of that court.</p> <p>Neither section 4 of article V of the judiciary article of the constitution, which provides that “until otherwise directed by law the courts of common pleas shall continue as at present established; ” nor section 6 which directs that in Philadelphia and Allegheny counties each court “shall have exclusive jurisdiction of all proceedings at law and in equity commenced therein;” nor section 26 of the judiciary article prohibiting the creation of other courts “to exercise the powers vested by this constitution in the judges of the courts of common pleas and orphans’ court;” nor section 20 of the judiciary article relating to the chancery powers of the common pleas; nor section 15 of the judiciary article which provides that “all judges required to be learned in the law .... shall be elected by the qualified electors of the respective districts over which they are to preside” is infringed by said act.</p> <p>Parent and child — Adoption—Intestacy—Grandchild.</p> <p>Where a grandfather adopts a grandchild, daughter of a deceased daughter, and dies intestate, the adopted grandchild inherits as a child only, and not in a double capacity as child and grandchild.</p> <p>Brown, Mestrbzat and Stewart, JJ., dissent, on the question of constitutionality.</p>