Power v. Hafley
Court of Appeals of Kentucky
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
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Humphries v. DavisIndiana Supreme Court · 1885
- Wagner v. VarnerSupreme Court of Iowa · 1879
- Barnes v. AllenIndiana Supreme Court · 1865
- Burrage v. BriggsMassachusetts Supreme Judicial Court · 1876
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3Cited by39 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Darling v. DarlingCalifornia Supreme Court · 1916
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Estate of WinchesterCalifornia Supreme Court · 1903
- Bedinger v. Graybill's & TrusteeCourt of Appeals of Kentucky (pre-1976) · 1957
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