Bowins v. English
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Stella May Bowins against Margaret English, individually and as administratrix of the estate of John G. English, deceased, and others, for the specific performance, of a contract of adoption. Prom a decree dismissing the bill, complainant appeals.
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Appeal from Washtenaw; Kinne, J. Bill by Stella May Bowins against Margaret English, individually and as administratrix of the estate of John G. English, deceased, and others, for the specific performance, of a contract of adoption. Prom a decree dismissing the bill, complainant appeals. The purpose of this bill is to enforce the specific performance of a contract by which it is claimed that the complainant is the heir at law of John G. English, deceased, and is the owner in fee of all his real estate, subject to his widow’s right of dower. The contract reads as follows: “Know all men by…
1Opinion of the CourtGrant, J.
(after stating the facts). We held in Albring v. Ward, 137 Mich. 352, that heirship, except that based upon consanguinity, can be created only by a constitutional law.
If executed articles of adoption under a void law are not a sufficient basis to make one a legal heir and to constitute an agreement to convey land, certainly an agreement to adopt and to take steps, if necessary, to secure such adoption, cannot be made the basis of an agreement to convey land, and cannot be held to be sufficient to take the place of adoption under a constitutional law.
Mrs. English did not agree to adopt the…
2Cases cited1 opinion
- Albring v. WardMichigan Supreme Court · 1904
3Cited by11 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Wall v. Estate of McEnneryWashington Supreme Court · 1919
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
- Pemberton v. Heirs of PembertonNebraska Supreme Court · 1906
- Starnes v. HatcherTennessee Supreme Court · 1908
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