IN RE: ESTATE OF ADOLPH H. POOLE
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This case addresses whether adoptive cousins or the next of kin of a deceased wife inherit from an intestate adopted child under Florida law. The court held that the next of kin of the deceased wife inherit, relying on a prior ruling that limited the scope of inheritance rights for adopted children.
The next of kin of the deceased wife inherit the estate.
“When an adopted child dies intestate without spouse, lineal descendants, blood relatives or adopted relatives of nearer degree, under the law of Florida will the adoptive cousins of the intestate or the next of kin of deceased wife inherit the intestate estate?”
This quote states the sole legal question presented to the court.
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Join FLexlaw to unlock all legal intelligenceAn adopted child died intestate. The child had no spouse, lineal descendants, blood relatives, or adopted relatives of nearer degree. The question is …
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The sole question involved in this appeal may be stated as follows: When an adopted child dies intestate without spouse, lineal descendants, blood relatives or adopted relatives of nearer degree, under the law of Florida will the adoptive cousins of the intestate or the next of kin of deceased wife inherit the intestate estate?
In the case of In re: Hewett’s Estate, 153 Fla. 137, 13 So. (2nd) 904, this Court limited Section 731.30, Florida Statutes 1941 to inheritance by adopted children from the , adopting parents to its strict terms, that is to say we refused to extend the right of inheritance to certain relatives of the adopted child. We think the case at bar is concluded by that case so the next of kin of the deceased wife inherits the estate.
Affirmed.
BUFORD, C. J., CHAPMAN and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Est. of Perry Carlton v. Rogers, 378 So. 2d 1212 (Fla. 1979)…. 2d 904, 906-07 (1943). The ruling of Hewett has, in effect, been reaffirmed in subsequent decisions of this Court and district courts of appeal that either followed it or distinguished it on the facts. Thus, in In re Poole’s Estate, 153 Fla. 610, 15 So. 2d 323 (1943), this Court relied on Hewett in ruling that the next of kin of the deceased wife of an intestate decedent who died without lineal descendants or blood relatives were entitled to inherit his estate rather than his adoptive cousins. And in In r…
Authorities Cited
- In re THE Est. OF William B. Hewitt, 153 Fla. 137 (Fla. 1943)