Legal Opinion · Dissent

First National Bank in Fairmont v. Phillips

West Virginia Supreme Court

Decided May 16, 1986No. CC 951Published

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

  1. Wheeling Dollar Savings & Trust Co. v. SingerWest Virginia Supreme Court · 1978
  2. Menees v. CowgillSupreme Court of Missouri · 1949
  3. In Re Estate of OlsonSupreme Court of Minnesota · 1955
  4. Robinson v. RobinsonSupreme Court of Alabama · 1967
  5. Dye v. GhannSupreme Court of Georgia · 1961

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