Forsyth v. Heward
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Alexander C. Forsyth against J. H. Heward, as administrator of the estate of Jane Forsyth, deceased, .and others. From a judgment for plaintiff, defendants appeal. An agreement to adopt is not of itself an agreement to convey.
Read the full summary
Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Alexander C. Forsyth against J. H. Heward, as administrator of the estate of Jane Forsyth, deceased, .and others. From a judgment for plaintiff, defendants appeal. An agreement to adopt is not of itself an agreement to convey. " By the weight of authority the laws permitting the adoption of children confer on them simply the ordinary rights of inheritance, and do not affect the power of the adoptive parent to dispose of his property by will.” (1 C. J. 1896.) "An agreement to adopt does not prevent the…
1Opinion of the Court
By the Court,
Coleman, J.:
Plaintiff by this action seeks the specific performance of two alleged contracts. The complaint alleges that the plaintiff is the issue of the marriage of Wm. T. Bacon and Harriet G. Bacon, now Harriet G. Murdock; that two agreements of adoption were entered into whereby it was understood and agreed that John T. Forsyth and his wife, Jane Forsyth, “would adopt him [plaintiff] as their own son, and promised and agreed that on their deaths he would become entitled to and inherit and have all of the property of which they might be possessed at the time of their deaths”;…
2Cases cited7 opinions
- Morrow v. MatthewIdaho Supreme Court · 1904
- Gall v. GallNew York Supreme Court · 1892
- Richardson v. OrthOregon Supreme Court · 1901
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Strange v. CrowleySupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Tallman v. First National BankNevada Supreme Court · 1949
- In re the Estate of ForsythNevada Supreme Court · 1922