Legal Opinion · Dissent

Hooper v. Clinkingbeard

Supreme Court of Oklahoma

Decided March 16, 1993No. 77386Published

1DissentOpala, Justice

The court pronounces that the testatrix’s adopted daughter qualifies as a pretermit-ted heir and concludes that her pretermit-ted-heir status would not be affected even if it were shown that her filial bond was terminated by a 1943 county court order. The court’s decision rests on three grounds: (1) the right of an adopted child to inherit is measured by the law in force at the decedent’s death and not on the date of adoption, and that law, the Uniform Adoption Act,1 in force at the time of Flowers’ death, abolishes all differences between the rights of adopted and natural children; (2) under…

2Cases cited32 opinions

  1. Stump v. SparkmanSupreme Court of the United States · 1978
  2. Bradley v. FisherSupreme Court of the United States · 1872
  3. Flick v. CrouchSupreme Court of Oklahoma · 1967
  4. Timmons v. Royal Globe Insurance Co.Supreme Court of Oklahoma · 1985
  5. Reeves v. AgeeSupreme Court of Oklahoma · 1989

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