Tootle v. Tootle

The issue at bar is whether Thomas Abbott and Megan Abbott Knisley, although adopted, may inherit through or from their mother in a class gift. For the reasons to follow we hold that the adopted children may not inherit where the express intention of the testator is otherwise and, accordingly, we reverse the judgment of the court of appeals.

Ordinarily R.C. 3107.15(A)(2) places adopted children on the same footing as natural children:

“To. create the relationship of parent and children * * * as if the adopted person were a legitimate blood descendant of the petitioner, for all purposes…