Meader v. Arcuer

• Decision Date: 31 December 1889
• Citation: 23 A. 521,65 N.H. 214
• Parties: MEADER et al. v. ARCUER.
• Court: New Hampshire Supreme Court

23 A. 521

65 N.H. 214

MEADER et al.

v. ARCUER.

Supreme Court of New Hampshire.

Dec. Term, 1889.

Bill in equity by Meader and another against Archer to quiet title. The bill alleged that Mrs. Young, the owner of the land, died in Massachusetts, May, 1889, intestate, without husband or issue, and that plaintiffs are her next of kin. Defendant was legally adopted in Massachusetts, April 28, 1884, by Warren H. Holt, the only son of Mrs. Young. Holt died before his mother. Pub. St. Mass. c. 148, § 7, provides: "As to the succession to property, a person adopted in accordance with the provisions of this chapter shall take the same share of property which the adopting parent could have devised by will that he would have taken if born to such parent in lawful wedlock, and he shall stand, in regard to the legal descendants, but to no other of the kindred, of such parent, in the same position as if so born to him." Demurrer to the bill. Case discharged.

C. H. Knight, for plaintiffs.

Marston & Eastman, for defendant.

DOE, C. J. Holt's mother outlived him, and owned the land at the time of her death, and the plaintiffs are her next ofkin. The defendant is Holt's adopted son. As Holt had no title, the land did not go to the defendant as Holt's heir. By the law of the defendant's adoption, he could inherit property which Holt "could have devised by will." This land Holt could not have devised. By the same law, "as to the succession to property,"the defendant stands, "in regard to the legal descendants, but to no other of the kindred, of" Holt, in the same position as if he were Holt's son. This does not make him an heir of Holt's mother. No objection being made in argument to the form of action, the question of procedure has not been considered. Case discharged.

Bingham, J., did not sit. The others concurred.