Buckley v. Frasier
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court dismissing the petition of Lemira W. Buckley for the assignment to her of the real estate in fee of her former husband, Edward E. Frasier. Hearing before <7. Allen, J., who reported the case for the consideration of the full court. The appellant and her former husband, who never had issue born to them or to either of them, on December 7, 1883, by proper proceedings in the Probate Court, adopted the appellee as their child.
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Appeal from a decree of the Probate Court dismissing the petition of Lemira W. Buckley for the assignment to her of the real estate in fee of her former husband, Edward E. Frasier. Hearing before <7. Allen, J., who reported the case for the consideration of the full court. The appellant and her former husband, who never had issue born to them or to either of them, on December 7, 1883, by proper proceedings in the Probate Court, adopted the appellee as their child. The child, who was nine years of age at the time of the hearing, lived with them until the death of the husband, and thereafter…
1Opinion of the Court
By the Court.
The following opinion was prepared by Mr. Justice Deyens, and after his death was adopted as the opinion of the court by the Justices who sat with him at the argument.
In order that a child should be adopted, it is necessary that both the husband and wife should join in the petition, if the petitioner have a husband or wife living, and upon adoption the child is deemed the child of both. Pub. Sts. c. 148, § 1. This contemplates not only that the relation of the adopting parents will be changed towards the child, but that their rela*526tians to each other,, whether so far as their…
2Cited by24 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
- Cochrel v. RobinsonOhio Supreme Court · 1925
- Moralee v. CadwellWyoming Supreme Court · 1920
- In re Walworth's EstateSupreme Court of Vermont · 1912
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