Carpenter v. . Buffalo General Electric Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that the next of kin of the deceased adoptive mother are the next of kin of the plaintiff’s intestate and invested with rights of inheritance from him.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that the next of kin of the deceased adoptive mother are the next of kin of the plaintiff’s intestate and invested with rights of inheritance from him. (Dodin v. Dodin, 16 App. Div. 42; 162 N. Y. 635; Theobald v. Smith, 103 App. Div. 200; Gilliam v. Guaranty Trust Co., 186 N. Y.…
1Opinion of the CourtHogan, J.
In March, 1884, plaintiff’s intestate, then about five years of age, was duly adopted by a sister of the natural mother of the intestate, under an order of adoption made pursuant to the provisions of chapter 830 of the Laws of 1873. The relation of mother and son thereby created between the adoptive parent and the intestate continued to the time of the death of the foster parent, November 3, 1906. The evidence justifies the assumption that the natural father of the intestate, though still alive, abandoned his family prior to the adoption proceedings, and that the intestate during his lifetime…
2Cases cited5 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Matter of MacRaeNew York Court of Appeals · 1907
- McGrane v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by75 opinions
- In re the Adoption of Malpica-OrsiniNew York Court of Appeals · 1975
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- Betz v. HorrNew York Court of Appeals · 1937
- In re the Adoption of Daniel C.New York Court of Appeals · 1984
- In re the Adoption of Robert Paul P.New York Court of Appeals · 1984
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