Atchison v. Atchison's Ex'rs
Court of Appeals of Kentucky
Case 73 — PETITION EQUITY APPEAL PROM BATH CIRCUIT COURT. 1. The statute regulating the adoption of children does not convert the adopted child into an actual child of the adopter; and, therefore, under the statute, which provides that if an intestate leaves issue, his widow shall have one-third, and, if no issue, one-half, of the sui'plus of the intestate’s personal estate, an adopted child of the intestate is not embraced by the word “issue;” and, if the intestate leaves…
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Case 73 — PETITION EQUITY APPEAL PROM BATH CIRCUIT COURT. 1. The statute regulating the adoption of children does not convert the adopted child into an actual child of the adopter; and, therefore, under the statute, which provides that if an intestate leaves issue, his widow shall have one-third, and, if no issue, one-half, of the sui'plus of the intestate’s personal estate, an adopted child of the intestate is not embraced by the word “issue;” and, if the intestate leaves only an adopted child, the widow takes one-half of the surplus. (General Statutes, chapter 31, section 11; Idem, chapter…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
By section 17 of chapter 31, General Statutes, “Any person twenty-one years of age may, by petition filed in the circuit court of the county of his residence, state in substance that he is desirous of adopting a person and making him capable of inheriting as heir-at-law of such petitioner, and said court shall have authority to make an order declar-. ing such person heir-at-law of such petitioner, and, as such, capable of inheriting as though such person were the child of such petitioner; but no such order shall be made if the petitioner be a…
2Cases cited4 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Power v. HafleyCourt of Appeals of Kentucky · 1887
- Barnes v. AllenIndiana Supreme Court · 1865
- Humphries v. DavisIndiana Supreme Court · 1885
3Cited by17 opinions
- Darling v. DarlingCalifornia Supreme Court · 1916
- Estate of WinchesterCalifornia Supreme Court · 1903
- Moralee v. CadwellWyoming Supreme Court · 1920
- In re Walworth's EstateSupreme Court of Vermont · 1912
- Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918
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