184 Ind. 361 | Ind. | 1916
Appeal from an interlocutory order for payment of money. Subd. 15, §1392 Burns 1914, Acts 1907 p. 237, The only question involved arises on exceptions to conclusions of law on these facts: William T. Head died intestate in 1914 owning certain real estate, and leaving as his heirs a widow, four children, and a grandchild; he had a son John, who previously died leaving an only child, Lehallah, who is appellant’s ward; .and who was
Our statutes of descent provide that an intestate’s land shall descend, one-third to the widow and the remainder to his children in equal proportions, provided that if a child be dead leaving a child surviving the latter shall take the share which its parent would have inherited, if living. §2991 Burns 1914, §2468 R. S. 1881. Our statute dealing with the right of inheritance of an adopted child reads as follows: “Such court, when satisfied that it will be for the interest of such child, shall make an order that such child be adopted, and from and after the adoption of such child it shall take the name in which it is adopted and be entitled to and receive all the rights and interest in the estate of such adopting father and mother, by descent or otherwise, that such child would if the natural heir of such adopting father or mother: Provided, however, That should such adopted child die intestate, without leaving wife or husband, issue or their descendants, surviving him or her, seized of any real estate or owning any personal property which may have come to *such child by gift, devise or descent
Counsel for appellant assume that the trial court held that appellant’s ward takes here as adopted child rather than as grandchild, and call our attention to the hmitation of descent of the property left by a deceased adopted child. See §870 Burns 1914, supra. It may in the future be important to know under which statute appellant’s ward inherits, for, should she die the owner of this property it might descend to her mother (if she has any living) if she takes as grandchild, while if she, takes as adopted child it would descend to her grandfather’s
Note. — Reported in 111 N. E. 177. As to adoption of children, see 39 Am. St. 210. As to the legal status of an adopted child, see 17 L. R. A. 435. As to the right of a child of adopting person to inherit from adoptive parent, see Ann. Cas. 1914 A 221. See, also, under (1) 1 C. J. 1376; (2) 1 C. J. 1397; 1 Cyc 931.