Albring v. Ward
Michigan Supreme Court
Appeal from Monroe; Lockwood, J. Bill by Lucy Bell Albring against Edward Ward and Martha Ward to establish a right to share in the distribution of the estate of Henry Ward, deceased. From a decree for complainant, defendants appeal. The complainant is the daughter of John Bennett and' Ann Bennett. Her mother died soon after her birth. Mr. and Mrs. Bennett had two other small children. The three were taken care of by Mr. Bennett’s mother.
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Appeal from Monroe; Lockwood, J. Bill by Lucy Bell Albring against Edward Ward and Martha Ward to establish a right to share in the distribution of the estate of Henry Ward, deceased. From a decree for complainant, defendants appeal. The complainant is the daughter of John Bennett and' Ann Bennett. Her mother died soon after her birth. Mr. and Mrs. Bennett had two other small children. The three were taken care of by Mr. Bennett’s mother. The mother did not feel equal to the care of the three children, and both Mr. Bennett and his mother desired to provide for her maintenance and care…
1Opinion of the Court
Grant J.
(after stating the facts). Heirship, except that based upon consanguinity, can be created only by a constitutional law by which ‘ ‘ relations of paternity and affiliation are recognized as legally existing between persons not so related by nature.” Heirship by adoption is unknown to the common law. Morrison v. Sessions’ Estate, 70 Mich. 297 (38 N. W. 249, 14 Am. St. Rep. 500); Sarazin v. Railroad Co., 153 Mo. 485 (55 S. W. 92); Ex parte Clark, 87 Cal. 641 (25 Pac. 967). If the statute is held void, or, if valid, is not complied with, the adoption fails, and the supposed adopted person…
2Cases cited6 opinions
- Wright v. WrightMichigan Supreme Court · 1894
- Ex parte ClarkCalifornia Supreme Court · 1891
- Morrison v. Estate of SessionsMichigan Supreme Court · 1888
- People v. CongdonMichigan Supreme Court · 1889
- Sarazin v. Union RailroadSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- In Re WhiteMichigan Supreme Court · 1942
- Couch v. CouchCourt of Appeals of Tennessee · 1951
- Wall v. Estate of McEnneryWashington Supreme Court · 1919
21 more not listed; retrieve them via the Exa API.