Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 267

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 267

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...and that since the adoption statute makes no provision for the descendants of the adopted child, and since the rights created by the deed of adoption are personal between the con-tracting parties and not such as extend to other parties, the appellant can receive no share in the estate of the adopting parent. The error of the above position, as it appearsto us, is in assuming that the rights of appellant to claim a distributive share in the estate is limited solely to the adoption laws and deed of adoption, to the exclusion of all rights given by the statute on descents. It was pointed out in the case of Fosburgh v. Rogers, supra, that the statute of descents merely laid down the general rules of inheritance, but did not un Bernero v. Goodwin. dertake to accurately define "how the status is to be created which gives the capacity to inherit" (Id. 1. c. 133), and that this status might be created elsewhere, as for example, by compliance with the adoption law or the law providing a way for making illegitimate children legitimate. In the present case, appellant, the natural child of the adopted child, does not, in a proper sense, take under the deed of adoption. The deed of adoption created the status of an inheriting child in appellant's father, and the right of appellant to represent his father is given him by the statute of descents, by use of the words, "or their descendants." So, as in the first instance, it is not necessary to refer to the civil law to ascertain whether an adopted child, in Missouri, is thereby given the right to be an heii'--this because the Missouri adoption statute expressly says he is an heir, neither is it necessary, in the second instance, to look to the implication of more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236959248
  • 9781236959249