Toler v. Goodin

1. It must be conceded that it is essential to the right of the petitioner to maintain an action for virtual adoption that there must have been a breach of the contract to adopt. This is true for the reason that, had the contract to adopt been performed, the petitioner would inherit as a child, and in that event would have no right to make an equitable claim against the estate. If, therefore, the maintenance of the present suit is dependent upon a breach of the alleged contract to adopt, then such a breach is an essential part of the petitioner's case. If essential, it must be proved, and if…