Bourne v. Dorney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cecilia L. Bourne, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 20th day of February, 1918, dismissing her complaint upon the merits on the decision of the court after a trial at the Richmond Special Term.
1Opinion of the Court
Thomas, J.:
The question is whether a child adopted by a testator subsequent to the malting of his last will is in law equivalent to “ a child born after the making of a last will,” within section 26 of the Decedent Estate Law. The other conditions of the section are met by the present facts. The object of the section is to preserve to a child born of the testator the right of inheritance (using the word as covering both descent and distribution) unless the will specifies a gift to such child, or shows intention to give it nothing. But the initial condition of the protection of the inheritance…
2Cases cited19 opinions
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Flannigan v. HowardIllinois Supreme Court · 1902
- Matter of MacRaeNew York Court of Appeals · 1907
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Estate of WalterNew York Court of Appeals · 1936
- In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
- In re the Estate of MarshNew York Surrogate's Court · 1932
- In re the Estate of GuilmartinNew York Surrogate's Court · 1935
24 more not listed; retrieve them via the Exa API.