Estate of Mercer

This appeal involves the right to letters of administration upon the estate of Anna B. Mercer, deceased, and, as a necessary consequence, the right of succession to that portion of her estate which was formerly the community property of herself and her predeceased husband, William L. Mercer. The facts are not in dispute.

On and prior to June 9, 1873, and for thirty-five years thereafter, the above-named parties were wife and husband. On said date the husband, with the express written consent in open court of the wife, regularly adopted as his child one Hermina Augusta Tappendorf, then aged two…