Legal Opinion

Fisher v. Gardnier

Michigan Supreme Court

Decided January 4, 1915No. Docket No. 66PublishedCited by 7 opinions

Appeal from Oakland; Smith, J. Bill by Gladys I. Fisher, by her next friend, against Frank Gardnier and others for a decree quieting title to certain real property. From a decree for complainant, defendants appeal.

1Opinion of the CourtBrooke, C. J.

The statute, 3 Compiled Laws, §8780 (4 How. Stat. [2d Ed.] §§ 11636-11640), provides:

“Whereupon such child, * * * and the person or persons so adopting such child, shall thereupon stand in the place of a parent or parents to such child in law, and be liable to all the duties and entitled to all the rights of parents thereto, and such child shall thereupon become and be an heir at law of such person or persons, the same as if he or she were in fact the child of such person or persons.”

A child by adoption takes as a lineal descendant of the legatee by force of the statute; not as a lineal…

2Cases cited10 opinions

  1. Warren v. PrescottSupreme Judicial Court of Maine · 1892
  2. Flannigan v. HowardIllinois Supreme Court · 1902
  3. Shearer v. WeaverSupreme Court of Iowa · 1881
  4. Morrison v. Estate of SessionsMichigan Supreme Court · 1888
  5. Hartwell v. TefftSupreme Court of Rhode Island · 1896

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3Cited by7 opinions

  1. Hoellinger v. MolzhonNorth Dakota Supreme Court · 1950
  2. In Re Chapple's EstateMichigan Supreme Court · 1953
  3. In Re Miner EstateMichigan Supreme Court · 1960
  4. In Re Smith EstateMichigan Supreme Court · 1955
  5. In Re Bell's EstateMichigan Supreme Court · 1945

2 more not listed; retrieve them via the Exa API.

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