First National Bank in Fairmont v. Phillips
West Virginia Supreme Court
1DissentBrotherton, Justice
I respectfully dissent from the majority opinion, which allows inheritance by an equitably adopted child from a natural child of the equitably adoptive parents. The doc-tine of equitable adoption, as interpreted by this Court in Wheeling Dollar Savings & Trust Co. v. Singer, 162 W.Va. 502, 250 S.E.2d 369 (1978), is a legal recognition of the strong bonds of love and affection created on occasion between an unrelated “parent” and “child” without a formal adoption proceeding. Because the equitable adoption doctrine is based on the lineal relationship between parent and child I do not believe…
2Cases cited5 opinions
- Wheeling Dollar Savings & Trust Co. v. SingerWest Virginia Supreme Court · 1978
- Menees v. CowgillSupreme Court of Missouri · 1949
- In Re Estate of OlsonSupreme Court of Minnesota · 1955
- Robinson v. RobinsonSupreme Court of Alabama · 1967
- Dye v. GhannSupreme Court of Georgia · 1961