Ross v. Ross
Massachusetts Supreme Judicial Court
Writ oe entry brought by an infant, by his next friend, to recover a parcel of land in Springfield. The case was submitted to the Superior Court upon the following statement of facts; In May 1871, and for several years previous, James M. Ross and Cynthia B. Ross resided in the county of Erie and State of Pennsylvania.
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Writ oe entry brought by an infant, by his next friend, to recover a parcel of land in Springfield. The case was submitted to the Superior Court upon the following statement of facts; In May 1871, and for several years previous, James M. Ross and Cynthia B. Ross resided in the county of Erie and State of Pennsylvania. On March 13, 1871, James M. Ross presented to the Court of Common Pleas for said county of Erie his petition representing “that he is desirous of adopting Walter H. Smith ” (the present demandant), “ an infant son, of the age of five months, of John Wesley Smith, and Mary Smith,…
1Opinion of the CourtGray, C. J.
This case presents for adjudication the question which it was attempted to raise in Ross v. Ross, 123 Mass. 212, namely, whether a child adopted, with the sanction of a judicial decree, and with the consent of his father, by another person, in a State where the parties at the time have their domicil, under statutes substantially similar to our own, and which, like ours, give a child so adopted the same rights of succession and inheritance as legitimate offspring in the estate of the person adopting him, is entitled, after the adopting parent and the adopted child have removed their domicil…
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