Brown v. Finley
Supreme Court of Alabama
Appea'l from Calhoun Probate Court. Heard before Hon. Emmett F. Cook. • Action betAveen James Y. Brown, administrator of the ■ estate of James Finley, deceased, and Alexander Finley. From a judgment for Alexander Finley, the administrator appeals.
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Appea'l from Calhoun Probate Court. Heard before Hon. Emmett F. Cook. • Action betAveen James Y. Brown, administrator of the ■ estate of James Finley, deceased, and Alexander Finley. From a judgment for Alexander Finley, the administrator appeals. The prevailing rule and overwhelming weight of authority gives extra territorial effect to the status of adopted children including the right to inherit real estate. — 1 Cyc. 933; 1 A. & E. Ency of Law, 733; Miller v. Miller, 91 N. Y. 315; Story’s Conflict of Laws, sec. 93; Wheaton’s Law of Nations, p. 172; Ross v. Ross, 129 Mass. 243; Minor on…
1Opinion of the CourtTyson, C. J.
— James Finley, now deceased, in 1903 by proper procedure under the statute of the state of Georgia adopted as his child James Jordan, an infant of tender years, changing his name to James Finley, Jr. At that time he was domiciled in that state. The child and its mother also lived in that state, in 1906 James Finley died unmarried, leaving no lawful children born in wedlock, no father or mother, and no brothers or sisters, or representatives of brothers or sisters, *426except Ms brother, Alexander Finley, the appellee. At the time of Finley’s death he was domiciled in the city of Atlanta, Ga.,…
2Cases cited2 opinions
- Lingen v. LingenSupreme Court of Alabama · 1871
- Smith v. Derr's AdministratorsSupreme Court of Pennsylvania · 1859
3Cited by11 opinions
- In re the Estate of ForneyNevada Supreme Court · 1919
- Finley v. BrownTennessee Supreme Court · 1909
- In Re FinkenzellerNew Jersey Superior Court Appellate Division · 1929
- Fisher v. BrowningMississippi Supreme Court · 1914
- Tsilidis v. PedakisDistrict Court of Appeal of Florida · 1961
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