Wagner v. Varner
Supreme Court of Iowa
Appeal from, Van Bmen Circuit Court. Mahala Boyer, daughter of John Burner, died in 1864, leaving two children, who are the wards of the plaintiff, surviving her. In the same year — but whether before or after the death of said Mahala does not appear — John Burner adopted said children, as provided by law, and in 1876 died without having made a- will. Said Burner left several other children surviving him.
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Appeal from, Van Bmen Circuit Court. Mahala Boyer, daughter of John Burner, died in 1864, leaving two children, who are the wards of the plaintiff, surviving her. In the same year — but whether before or after the death of said Mahala does not appear — John Burner adopted said children, as provided by law, and in 1876 died without having made a- will. Said Burner left several other children surviving him. The plaintiff claims that his wards are entitled to inherit a share of the estate of said Burner, as his children by adoption, and also the share their mother would have been entitled to had…
1Opinion of the CourtServers, J.
i heir- adopted ciuid. It is provided by statute that the “consent of both parents, if living, and not divorced or separated, and if divorced or separated, or if unmarried, the consent 0f parent lawfully having the care and providing for the wants of the child; or if either parent is dead then the consent of the survivor; or if both parents be dead, or the child shall have been and remains abandoned by them,” "the consent of certain named officers, is necessary before the child can be legally adopted. Code, § 2308.
When thus adopted “the rights, duties and relations between the parent and…
2Cited by29 opinions
- Humphries v. DavisIndiana Supreme Court · 1885
- Brewer v. BrowningMississippi Supreme Court · 1917
- In Re Estate of TilliskiIllinois Supreme Court · 1945
- Power v. HafleyCourt of Appeals of Kentucky · 1887
- Matter of Adoption of GardinerSupreme Court of Iowa · 1980
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