246 Pa. 229 | Pa. | 1914
Opinion by
This was a bill in equity filed by Reatha Benson against Mary B. Nicholas, the sister and next of kin, of James B. Nicholas, deceased, and against B. J. Hewitt, the administrator of his estate. It is averred in the bill, that when plaintiff was a child, Mr. and Mrs. Nicholas made an agreement with plaintiff’s father to adopt plaintiff, and to treat her as their own daughter; and that they did take her into their care and keeping from that time, and changed her name from Matilda Webb to Reatha Nicholas, under which name she grew up, and by which she was known. There was, however, no legal act of adoption. This was owing, it is said, to the fact that her father could not be found, nor his consent obtained, and the legal proceedings for her adoption were never carried forward to completion. It was further alleged, that plaintiff was brought up by and was treated as a daughter by James B. Nicholas and wife, and that they exercised the authority of parents over her, and maintained the family relation to her during their lives; and that she having performed her part.by rendering the duties, service and obedience due from a child to her parents, was entitled to have the agreement for her adoption given effect, and was entitled to share
The assignment of error is overruled, and the decree of the court below is affirmed, and this appeal is dismissed at cost of appellant. ,