Legal Opinion · Concurrence

Southside Baptist Church v. Drennen

Supreme Court of Alabama

Decided September 8, 1978No. 77-130, 77-175Published

1Concurrence

I concur in the result reached.

A state has the inherent right to regulate alienation, devise or descent of land within its borders. Phillips v. Phillips,213 Ala. 27, 104 So. 234 (1925). The clear policy of this state, at least since passage of the Adoption Act, Act No. 405, in 1931, is that an adopted child has the same rights of inheritance to real estate or to the distribution of the personal estate of the adoptive parent "as if born . . . in lawful wedlock." In other words, I think our statutory system of giving an adopted child the same rights of inheritance as one "born . . . in lawful…

2Cases cited3 opinions

  1. Estate of HeardCalifornia Supreme Court · 1957
  2. Phillips v. PhillipsSupreme Court of Alabama · 1925
  3. Murphy v. TraylorSupreme Court of Alabama · 1974

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