In Re Estate of Sutton

In the estate of Martha P. Sutton, Elizabeth Mary Kummer, an adopted child of Martha’s son, was decreed to share equally with appellant, an only surviving child of Martha, and he appeals.

The facts are these: Martha P. Sutton died intestate September 17, 1921. She was then a widow, having no children living except appellant and no issue of any deceased child. She had had another son, Harry E. Sutton, who predeceased her, leaving no widow or natural child. He, however, had married prior to July 1, 1913, when he and his wife adopted respondent. He died in October, 1917. Subsequently his widow…