Sorenson v. Rasmussen
| Decision Date | 12 May 1911 |
| Docket Number | 17,123 - (200) |
| Parties | KAREN SORENSON v. JENS MADSEN RASMUSSEN and Another |
| Court | Minnesota Supreme Court |
R. S Rasmussen, a brother of deceased, petitioned the probate court for Lincoln county to appoint N. S. Kruse administrator of the estate of Hein Rasmussen, deceased. Jens Madsen Rasmussen petitioned the court, as one of the heirs of decedent, and prayed for the appointment of Thomas Hansen as administrator. The court appointed the last named administrator. Karen Sorenson appealed from the order of appointment to the district court for Lincoln county. The appeal was heard upon the return and stipulated facts by Olsen, J., who made findings and affirmed the order of the probate court. From the judgment entered pursuant to the order for judgment, Karen Sorenson appealed. Affirmed.
Heirship of adopted child.
Section 3616, R.L. 1905, providing that an adopted child "shall inherit from his adopting parents or their relatives the same as though he were the legitimate child of such parents," applies to all adopted children, whether adopted prior or subsequent to the passage of such statute.
Construction of statute -- intent.
This construction of the statute is made necessary, because it carries out the obvious intent of the legislature to abolish the differences as to heirship theretofore existing between natural and adopted children.
Statute acts prospectively.
The statute regulates the heirship of adopted children, and acts prospectively upon rights accruing through the death of adoptive parents after the passage of the law.
Thomas E. Davis, Ernest A. Michel and John I. Davis, for appellant.
Louis P. Johnson and Bogue & Bogue, for respondents.
This is an appeal from a judgment of the district court, affirming an order of the probate court appointing an administrator. Hein Rasmussen died intestate, leaving surviving him neither wife nor issue. Application was made on behalf of his surviving parent, his mother, for letters of administration. One of two children adopted by Hein Rasmussen and his wife during their life opposed this application, on the ground that the adopted children were the only heirs at law of the deceased. The probate court denied the application made on behalf of the mother for letters of administration, and appointed as administrator the person named by the adopted son.
On this appeal the sole point raised and involved is the right of the adopted children to take the estate of Hein Rasmussen as heirs at law. The decision of the question so raised depends upon the construction of section 3616, R.L. 1905, defining the status of adopted children with reference to descent of property. If that section applies to all adopted children whether adopted prior or subsequent to the Revision of 1905, then these adopted children are now the lawful heirs of Hein Rasmussen, deceased -- otherwise not.
A reference to the nature and effect of the earlier laws is necessary for the proper determination of the scope and meaning of the present statute.
Chapter 91, p. 107, Laws 1876, provided for the adoption of children and contained the following provision as to the status of such child when adopted: "A child so adopted as aforesaid shall be deemed, as respects all legal consequences and incidents of the natural relation of parent and child, the child of such parent or parents by adoption, the same as if he had been born to them in lawful wedlock; except that such adoption shall not, in itself, constitute such child the heir of such parent or parents by adoption." Section 6.
Chapter 96, p. 166, Laws 1891, amended this statute by adding to it the following:
The law remained in this form until the Revision of 1905. We have, then, this situation at the time of the passage of the Revised Statutes: Children adopted prior to 1891, in accordance with the then existing law, were not, and could not be made, as an incident of their status as adopted children, heirs in law of the adoptive parents. Children adopted after 1891 might, by the act of adoption, be given the status of heirs of the adopting parents, or not, depending on the wish of the adopting parents, and under the act of 1891 children adopted prior thereto might be given such status or might remain not entitled to inherit.
Chapter 73, R.L. 1905, contains the provisions relating to the adoption of children. The first sections of the chapter define the procedure substantially as it had existed theretofore. Section 3616 relates to the status of the adopted child, and is as follows: ...
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