Brantingham v. Huff (In re Thorne's Estate)
| Decision Date | 01 March 1898 |
| Parties | In re THORNE'S ESTATE. BRANTINGHAM v. HUFF. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from supreme court, appellate division, Second department.
In the matter of the probate of the will of Joseph Thorne, deceased. May Thorne Brantingham appeals from an order of the appellate division (48 N. Y. Supp. 1116) affirming an order of the surrogate's court, dismissing her petition for leave to intervene and file objections to the probate of said will. Affirmed.
Alex. Thain, for appellant.
W. P. Prentice, for respondent.
The petitioner, May Thorne Brantingham, the appellant, seeks to intervene in the matter of the probate of the will of Joseph Thorne, deceased, on the ground that she is his lawfully adopted child, and interested in the distribution of his estate. It is found by the surrogate's court of Westchester county that on the 21st day of December, 1863, at the city of New York, Joseph Thorne, and Elizabeth, his wife, attempted to adopt the petitioner when she was one year and eleven months old (her father being dead), with the consent of her mother and the superintendent of the out-door poor, acting on behalf of the commissioners of public charities and correction of the city of New York. This act of attempted adoption is established by the production of a written indenture or agreement duly executed, to continue until the infant attained the age of 18 years. It is further found that, in pursuance of this agreement, the petitioner became a member of the household of Joseph Thorne and Elizabeth, his wife, and that they maintained the relation of foster parents towards her down to the time of their death, in the year 1897. These findings were followed by the legal conclusion that the relation of adopted child and foster parents was not establishedby this agreement, for the reason that, at the time of its execution, there was no statute in this state authorizing such an adoption. The petition was dismissed. The appellate division affirmed the order of the surrogate's court.
The adoption of children and strangers to the blood was known to the Athenians and Spartans, the Romans and ancient Germans. This subject is discussed by many writers. The provisions of the Roman law, as modified by Justinian, were transmitted to the modern nations of Europe, and appear in the Code Civil of France and in the Spanish law. 31 Cent. Law J. 66. This form of domestic relation was, however, unknown to the common law of England, and exists in this country only by virtue of statute. Morrison v. Sessions' Estate, 70 Mich. 297-305, 38 N. W. 249; Ballard v. Ward, 89 Pa. St. 358; Abney v. De Loach, 84 Ala. 393, 4 South. 757;Carroll v. Collins, 6 App. Div. 106,40 N. Y. Supp. 54. The first general statutory provision in this state is contained in Laws 1873, c. 830, entitled ‘An act to legalize the adoption of minor children by adult persons.’ This act, after providing for adoption in detail, contains in its last section this saving clause: ‘Nothing herein contained shall prevent proof of the adoption of any child, heretofore made according to any method practiced in this state, from...
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Benjamin v. Cronan, 33669.
...parents, and was known by their name and referred to as an adopted child. Miller v. Miller, 123 Iowa, 165; In the Matter of Thorne, 155 N.Y. 140; In the Matter of Romero, 17 Pac. 434, 75 Cal. 379; In re Huyck's Estate, 99 N.Y. Supp. 502; Conrad v. Herring, 83 S.W. 427, 36 Tex. Civ. App. 616......
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Lawrence's Will, In re
...confronted with such class dispositions are frequently required to determine whether adopted children are included in the class. 155 N.Y. 140, 49 N.E. 661; United States Trust Co. (Case #1) v. Hoyt, 150 App.Div. 621, 135 N.Y.S. 849; Carroll v. Collins, 6 App.Div. 106, 40 N.Y.S. 54). Similar......
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