Estate of Fox v. Irwin Union Bank & Trust Co.

The petitioner-appellant (Louise Scrog-ham) is appealing the trial court’s decision denying her petition to be declared an heir of Agnes H. Fox. The theory of Louise’s petition is novel to this jurisdiction in that it seeks judicial approval of a doctrine of law referred to as equitable adoption.

For the reasons stated hereafter we concur in the trial court’s rejection of that doctrine.

The evidence shows that Louise was taken into the Fox home at the age of seven days and remained there until the age of 18 when she left to be married. During that period of time she used the surname of Fox as…