Legal Opinion

Power v. Hafley

Court of Appeals of Kentucky

Decided June 2, 1887PublishedCited by 39 opinions

Case 81 — PETITION EQUITY APPEAL PROM CASEY CIRCUIT COURT. 1. Such an act of adoption as that under which appellants claim creates-the adopting parent a propositus from whom a line of descent is cast pursuant to the statute of descent, substituting an adoptive child for a natural one for all purposes, except as expressly limited by the statute under which the adoption is had; and the jus representationis attaches as fully to the adoptive child as to the child by blood.

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Case 81 — PETITION EQUITY APPEAL PROM CASEY CIRCUIT COURT. 1. Such an act of adoption as that under which appellants claim creates-the adopting parent a propositus from whom a line of descent is cast pursuant to the statute of descent, substituting an adoptive child for a natural one for all purposes, except as expressly limited by the statute under which the adoption is had; and the jus representationis attaches as fully to the adoptive child as to the child by blood. (Acts-1841-2, p. 131; Myers’ Supplement, p. 258; Rev. Stats., chap. 30, sec-6; Gen. Stats., chap. 31, secs. 17 and 18 ;…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion op the court.

In 1842, Frederick Hafley, who was desirous of adopting Sylvania Floyd, his infant sister-in-law, who was living with him as a member of his family, induced the Legislature of this State to pass an act which reads as follows : “Whereas, it is represented to the present General Assembly of the Commonwealth of Kentucky that Frederick Hafley, a citizen of Casey county, is desirous of having the name of Sylvania Floyd, a girl •now living in his family, changed to that of Sylvania Hafley, and that said Sylvania should be adopted as his legal heir,…

2Cases cited7 opinions

  1. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  2. Humphries v. DavisIndiana Supreme Court · 1885
  3. Wagner v. VarnerSupreme Court of Iowa · 1879
  4. Barnes v. AllenIndiana Supreme Court · 1865
  5. Burrage v. BriggsMassachusetts Supreme Judicial Court · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
  2. Darling v. DarlingCalifornia Supreme Court · 1916
  3. Healey v. SimpsonSupreme Court of Missouri · 1892
  4. Estate of WinchesterCalifornia Supreme Court · 1903
  5. Bedinger v. Graybill's & TrusteeCourt of Appeals of Kentucky (pre-1976) · 1957

34 more not listed; retrieve them via the Exa API.

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