Legal Opinion · Dissent

Makoff v. Makoff

Utah Supreme Court

Decided November 19, 1974No. 13577Published

1DissentCrockett, Justice

(dissenting) :

To discriminate against the adopted child and deprive him of his share of the intended family trust is in my opinion a grave injustice. It is contrary to the clearly expressed intent of our statutory law; it is inconsistent with the better considered de-cisional law; and is out of harmony with sound policy considerations for the welfare of the family and society generally.

The clearly expressed intent of our adoption statutes in accordance with the conclusion above stated is set forth in Sec*800tion 78-30-9, U.C.A.1953, which provides that upon the order of adoption:. [T]he child…

2Cases cited9 opinions

  1. O'Brien v. WalkerHawaii Supreme Court · 1939
  2. In Re Trust Under Agreement With NashSupreme Court of Minnesota · 1963
  3. Carpenter v. United StatesCourt of Appeals for the Third Circuit · 1948
  4. Prince v. NugentSupreme Court of Rhode Island · 1961
  5. Dollar Savings & Trust Co. v. MustoOhio Court of Appeals · 1961

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