Legal Opinion

Warren v. Prescott

Supreme Judicial Court of Maine

Decided May 27, 1892PublishedCited by 60 opinions

On report. This was a bill in equity, brought by an administrator witln the will annexed, of Martha H. Wright, to obtain a judicial construction of the will.

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On report. This was a bill in equity, brought by an administrator witln the will annexed, of Martha H. Wright, to obtain a judicial construction of the will. The essential facts, which were admitted by the respondents to be correctly set forth in the bill, are as. follows : The will after providing for the payment of debts, funeral charges and expenses of administration, disposed of the residue-of her estate to various relatives, share and share alike, each of the legatees being entitled to one-eleventh part. She named Charles H. Brick, of Augusta, as one of her legatees. He died before the…

1Opinion of the CourtWalton, J.

The question is whether an adopted child can take a legacy given to one of its adopting parents, and thus prevent the legacy from lapsing, when the legatee dies before the testator. There is no doubt that a child born in lawful wedlock can so take. But, in this particular, does an adopted child possess the same right ? We think so. With two exceptions, neither of which is applicable to such a case, an adopted child becomes, "to all intents and purposes, the child of his adopters, the same as if born to them in lawful wedlock.” Such is the express language of our statute in relation to the…

2Cases cited2 opinions

  1. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  2. Humphries v. DavisIndiana Supreme Court · 1885

3Cited by60 opinions

  1. In Re the Accounting of LeaskNew York Court of Appeals · 1910
  2. New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
  3. Estate of StanfordCalifornia Supreme Court · 1957
  4. Estate of HeardCalifornia Supreme Court · 1957
  5. St. Louis Union Trust Co. v. HillSupreme Court of Missouri · 1934

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