Domestic Relations -- 1955 Tennessee Survey

Harbison, William J.

Journal: Vanderbilt Law Review

Volume: 8

First Page: 1004

Year: 1955

Bluebook Citation: 8 VAND. L. REV. 1004 (1955)

Author: William J. Harbison: all 15 publications


Abstract

A case of some significance concerning rights of inheritance by adopted children was decided by the Supreme Court.' The adoptive parent died in 1950, survived by the adopted child. In 1953, the mother of the adoptive parent died, survived by blood relatives and the grandchild by adoption. The latter claimed a share in the grandparent's estate, claiming by representation through its adoptive parent. The Supreme Court decided the case under the former adoption statutes, which had been repealed in 1951.

The former statute provided that "unless restrained by the decree," an adoption conferred upon the person adopted "all of the privileges of a legitimate child" of the applicants. The child was given capacity "to inherit and succeed to the real and personal estate of such applicant, as heir or next of kin."

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