Foster v. Waterman
Massachusetts Supreme Judicial Court
Appeal by Martin T. Waterman, in his own right and as guardian of his adopted child, from a decree of the Probate Court, appointing commissioners, on the petition, dated September 25,1876, of Mary A. Foster, to make partition of a parcel of land in Newton, in accordance with the petition. The petition set forth that the petitioner and Sarah E. Small were seised and possessed each of one undivided fourth of the land, and that the shares were not in dispute.
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Appeal by Martin T. Waterman, in his own right and as guardian of his adopted child, from a decree of the Probate Court, appointing commissioners, on the petition, dated September 25,1876, of Mary A. Foster, to make partition of a parcel of land in Newton, in accordance with the petition. The petition set forth that the petitioner and Sarah E. Small were seised and possessed each of one undivided fourth of the land, and that the shares were not in dispute. The case was heard before Soule, J., who reserved it for the consideration of the full court upon the following facts agreed: Martin T.…
1Opinion of the Court
Gbay, O. J.
The law of New Hampshire, as recited in the case stated, (which is the only evidence thereof before us,) declares that, upon a decree of adoption according to that law, the child shall become to all intents and purposes, including inheritance and all other legal consequences and incidents of the natural relation of parent and child, (except taking property expressly limited to heirs of the body,) the child of the persons adopting him, and contemplates that, immediately upon such decree, their domicil shall become his.
Such a statute is not to be presumed to extend to a case in which…
2Cases cited2 opinions
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