Legal Opinion

Delano v. Bruerton

Massachusetts Supreme Judicial Court

Decided March 1, 1889PublishedCited by 26 opinions

Appeal, by certain heirs at laxv of Ivory G. Curtis, from a decree of the Probate Court, upon a petition by the administrator of bis estate for an order of distribution, that two shares of the estate be paid to the guardian of Henry Curtis, who was the only child of Henry G. Curtis, a deceased son of the intestate, and who subsequently became the adopted child of the intestate and his wife.

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Appeal, by certain heirs at laxv of Ivory G. Curtis, from a decree of the Probate Court, upon a petition by the administrator of bis estate for an order of distribution, that two shares of the estate be paid to the guardian of Henry Curtis, who was the only child of Henry G. Curtis, a deceased son of the intestate, and who subsequently became the adopted child of the intestate and his wife. Hearing before Meld, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtMorton, C. J.

Ivory G-. Curtis died intestate, leaving as his heirs at law and distributees five daughters, and a grandson, Henry Curtis, the only child of a deceased son, Henry G. Curtis. In 1879, after the death of his son, Henry G. Curtis, the intestate adopted his grandson, Henry Curtis, under the St. of 1876, c. 213, re-enacted in the Pub. Sts. c. 148. The question in this case is as to the distribution of his personal estate. One third goes to his widow. Of the remaining two thirds, it is claimed on behalf of Henry Curtis that he is entitled to one seventh part as an adopted son, and also to one…

2Cited by26 opinions

  1. Adoption of TammyMassachusetts Supreme Judicial Court · 1993
  2. Stearns v. AllenMassachusetts Supreme Judicial Court · 1903
  3. Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
  4. Van Derlyn v. MackMichigan Supreme Court · 1904
  5. In re M.M.D.District of Columbia Court of Appeals · 1995

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