In re Gibson
Massachusetts Supreme Judicial Court
Appeal by William B. Gibson, administrator with the will annexed of the estate of Origen A. Gibson, from a decree of distribution made by the Probate Court upon the petition of a person alleging that she was the adopted daughter of the testator, by which the residue of the estate in the administrator’s hands, amounting to $3,467.77, was ordered to be paid to her.
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Appeal by William B. Gibson, administrator with the will annexed of the estate of Origen A. Gibson, from a decree of distribution made by the Probate Court upon the petition of a person alleging that she was the adopted daughter of the testator, by which the residue of the estate in the administrator’s hands, amounting to $3,467.77, was ordered to be paid to her. The case was submitted to this court, and, after an order affirming the decree of the Probate Court, to the full court, upon agreed facts, in substance as follows. The petitioner was an illegitimate child, and was born in Sheffield…
1Opinion of the CourtBarker, J.
If the petitioner to whom the decree awarded the personal estate of the testator was his legally adopted child, the decree was right.
The act of adoption was in 1861, upon a petition to the Probate Court by the testator and his wife, assented to in writing by one Gardner, as guardian of the petitioner, who was then four years of age, the decree of adoption having been made, without the service or publication of any notice, on the day of the presentation of the petition. The child was illegitimate, and her mother, to whom her father was never married, was dead. Her father is said to have been…
2Cases cited2 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- McNeil v. CollinsonMassachusetts Supreme Judicial Court · 1881
3Cited by30 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Van Matre v. SankeyIllinois Supreme Court · 1893
- In re LivingstonAppellate Division of the Supreme Court of the State of New York · 1912
- In Re Arnold M.Court of Appeals of Maryland · 1984
- Matter of MacRaeNew York Court of Appeals · 1907
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