Board of Education v. Browning

The Court decides today that when the “aunt” of an equitably adopted child dies intestate, when the deceased had no “heirs” as defined by statute, and when the contest over the estate is between the equitably adopted child claiming through *296her parent and the State claiming by escheat, the State should prevail. Neither the cases nor reason support this result.

“Equitable adoption” is a principle of equity law. The doctrine is typically applied when a “parent” has entered an arrangement to adopt a child that is not carried out according to the statutory requirements but when both have acted as…