(Download) "Enos v. American Surety Co. of New York" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Enos v. American Surety Co. of New York
- Author : Supreme Court of Montana
- Release Date : January 28, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Adoption, Effect of Adoption, Effect on Former Relations of Child, Right of Adopted Child to Inherit from Natural Parent รข€” Descent and Distribution, Providing for Issue, Who Are Issue, Effect of Adoption on Statutory Right of Issue to Inherit from Natural Parent, Right in Cases of Intestacy of Natural Parent รข€” Executors and Administrators รข€” Statutes, Construction of, Borrowed Statutes, Statutes for Adoption of Children, of Statutes of Descent and Distribution, Consanguinity Fundamental รข€” Wills, Omission of Testator to Provide for or Mention His Bodily Issue, Death of Devisee or Legatee Page 173 in Lifetime of Testator, Effect on Will and Distribution, When Will Lapses or Fails รข€” Words and Phrases, "Issue," "Descendants," "Law," "Unless otherwise expressly provided by the laws of Montana." 1. Wills รข€” Testamentary disposition failed. A testamentary disposition of testators entire estate to his bachelor brother failed on such brothers death without surviving lineal decedents or parents before testators death, in absence of any apparent intention to substitute any other person for brother as legatee or devisee. 2. Adoption รข€” Executors and Administrators รข€” Two sons take on intestacy. Where the testator, failing to make any provision for, mention, or refer to, his two sons by his divorced wife in will leaving his entire estate to his bachelor brother, who died before testators death without issue and surviving wife, he (the testator) died intestate as to such sons, and in the absence of any indication in will that such omissions were intentional, the sons inherited his entire estate, though they were adopted by divorced wifes second husband. 3. Words and Phrases รข€” "Issue," "Descendants," "Law." 4. Adoption รข€” Descent and distribution รข€” Right of inheritance. An adopted child inherits from or through his natural parents as well as from adoptive parent, in absence of contrary statute. 5. Statutes รข€” Effect of California construction on statutes adopted in Montana. The Supreme Court will not give Montana adoption statutes adopted from California, same construction as that given California adoptive statutes by California courts. Nor will the court blindly follow the construction given by any such state when such construction is not founded on right reasoning.