In re Gray's Estate

• Decision Date: 10 December 1958
• Docket Number: Administration No. 96211.
• Parties: In re ESTATE of Sue Crossman GRAY, also known as Sue C. Gray, Deceased.
• Court: U.S. District Court — District of Columbia

168 F. Supp. 124

In re ESTATE of Sue Crossman GRAY, also known as Sue C. Gray, Deceased.

Administration No. 96211.

United States District Court District of Columbia, Civil Division.

December 10, 1958.

Ferdinand J. Mack, Washington, D. C., guardian ad litem, for caveator.

E. W. Mollohan, Jr., Washington, D. C., for caveatee.

PINE, District Judge.

This is a motion to dismiss a caveat to a will. Caveator is the adopted son of a deceased daughter of testatrix. By her will testatrix left her entire estate to her two surviving daughters and made no provision for caveator.

The ground for the motion is that caveator does not have the requisite interest in the estate to permit him to file a caveat, in that he lacks the relationship to testatrix which would entitle him to share in her estate had she died intestate. Kimberland v. Kimberland, 92 U.S.App. D.C. 145-147, 204 F.2d 38.

The facts are undisputed, but inasmuch as matters outside the pleading are presented to the court the motion to dismiss is treated as one for summary judgment. Rule 12(b), 28 U.S.C.A.

Caveator was legally adopted by the now deceased daughter of testatrix and her husband from whom she was later divorced. This was accomplished on November 16, 1946 by decree of the Circuit Court for Baltimore County, Maryland. His adoptive mother died in 1954. The testatrix in this case died in 1958. She was domiciled in the District of Columbia at the time of her death. All of her property, real and personal, is located within the District of Columbia.

The first question to be determined in reaching a conclusion as to whether caveator would be entitled to share in the estate of testatrix had she died intestate, is whether caveator's status as an adopted child will be recognized in the District of Columbia. I find no District of Columbia case bearing directly on this point, but the great weight of authority in other jurisdictions is that the status of adoption validly acquired under the law of a state will be recognized and given effect in another state where the property is located or the decedent was domiciled. (154 A.L.R. 1179, and the cases collected therein.) Following this authority, I am of the opinion that caveator, having validly acquired the status of an adopted child in Maryland, such status should be recognized in the District of Columbia, in respect of inheritance of property located therein. There is no public policy which would forbid the recognition of such status.

Having reached this conclusion in respect of his status, the second question is whether his right, if any, to inherit the particular property in question is to be determined under the laws of the District of Columbia where the property is located and where the testatrix was domiciled, or under the laws of Maryland, where he was adopted. Again I find no local cases on this precise point, but the general rule, which I shall follow, supports the view that his right of inheritance is to be decided by the laws of the District of Columbia. (154 A.L.R. 1179, supra.) This is in accord with the related rule that the law of the domicile of decedent governs distribution of personal property and the law of the situs of real estate governs its descent. Ennis v. Smith, 14 How. 400, 55 U.S. 400, 14 L.Ed. 472, originating in the District of Columbia; Greenwood v. Page, 78 App.D.C. 166, 138 F.2d 921; Noyes v. Parker, 68 App.D.C. 13, 92 F.2d 562; Prall v. Prall, 56 App.D.C. 333, 13 F.2d 305.

The issue, therefore, resolves itself into a determination of whether caveator, whose status as an adopted child is recognized, would have a right to inherit the property in question under the laws of the District of Columbia. To reach a conclusion on this issue it is next necessary to ascertain when such right accrued. On this point I likewise find no local case to guide me, but turning to the cases generally the weight of authority supports the view that the right of an adopted child to inherit is to be determined by the law in force at the death of the person from whom the inheritance is claimed. McFadden v. McNorton, 193 Va. 455, 69 S.E.2d 445; Mott v. National Bank of Commerce, 190 Va. 1006, 1011, 59 S.E.2d 97; Blodgett v. Stowell, 189 Mass. 142, 75 N.E. 138; Brooks Bank & Trust Co. v. Rorabacher, 118 Conn. 202, 171 A. 655; Sorenson v. Rasmussen, 114 Minn. 324, 131 N.W. 325, 35 L.R.A.,N.S., 216; Anderson v. French, 77 N.H. 509, 93 A. 1042, L.R.A. 1916A, 660; Kolb v. Ruhl's Adm'r, 308 Ky. 604, 198 S.W.2d 326; Gilliam v. Guaranty Trust Co. of New York, 186 N.Y. 127, 78 N.E. 697, and other cases cited...