In Re Gunn's Estate

Alice E. Gunn died intestate. The order of distribution in the probate court gave the estate to Irving Gunn as the legally adopted son and sole heir at law of the deceased. Claiming the estate, 22 cousins, as presumptive heirs, appealed. The order was affirmed. The cousins bring error.

If the order of adoption was valid, the case ends there. But, if void, we must consider the further question of estoppel. We think it was void. The child, then 12 years of age, did not sign, seal and acknowledge the instrument or declaration of adoption as required by the statute then in force (chapter 236, 3…