Van Brocklin v. Wood

• Decision Date: 18 April 1905
• Citation: 80 P. 530,38 Wash. 384
• Parties: VAN BROCKLIN v. WOOD et al.
• Court: Washington Supreme Court

80 P. 530

38 Wash. 384

VAN BROCKLIN v. WOOD et al.

Supreme Court of Washington

April 18, 1905

Appeal from Superior Court, King County; Boyd J. Tallman, Judge.

Proceeding for contest of the will of J. W. Van Brocklin, deceased, by Helen M. Van Brocklin against Enoch W. Wood, as executor, and another. From a judgment in favor of plaintiff, defendants appeal. Modified.

Sachs & Hale and James McNeny, for appellants.

Glasgow, Ogden & Crary, for respondent.

MOUNT, C.J.

On the 6th day of January, 1892, the respondent, Helen May Van Brocklin, was legally adopted as the daughter of J. W. Van Brocklin and Candace Van Brocklin, his wife. Thereafter, on June 22, 1894, said J. W. Van Brocklin and Candace, his wife were divorced, their property was divided by stipulation and decree, and the care, custody, and control of the adopted minor daughter, Helen May, was awarded to the divorced wife. Besides this adopted daughter, there were two sons, who were past the age of majority at the time of the divorce. Some time after the divorce was granted the said J. W. Van Brocklin married Adele Van Brocklin. Thereafter, on the 12th day of March, 1900, the said J. W. Van Brocklin made his will, by the terms of which he left certain property to his wife, Adele Van Brocklin, and to his two sons, Frank H. and Hiram L. Van Brocklin, $1 each, and all the remainder of his property to his executor named in the will, viz., Enoch W Wood, in trust for his grandchildren by his son Frank H. Van Brocklin. The adopted daughter, Helen May, was not named or provided for in the will. Thereafter, on March 18, 1900, the testator, J. W. Van Brocklin, died, and on March 23, 1900 the said last will and testament was admitted to probate, and the executor named in the will was appointed by the superior court of King county to serve without bonds, as provided in said will. The executor qualified, and has continued to discharge his duties as executor ever since that time. On the 18th day of March, 1903, the adopted child, Helen May Van Brocklin, filed a petition in the probate proceedings above referred to, setting up the fact of the death of her father by adoption, the proceedings by which she was adopted, the will and its provisions, that she was not mentioned in the will and not provided for, that the will had been admitted to probate without notice to her, that Enoch W Wood was appointed executor, and was acting without bonds and that the requisite time had expired so that distribution of the estate might be had; and prayed that the will and the probating thereof be revoked and set aside in so far as it affected her rights, for an accounting, and for the discharge of the executor, and that an administrator be appointed to settle the estate. A general demurrer was interposed to the petition upon the ground tht it does not state facts sufficient to constitute a cause of action, and that the proceedings have not been commenced within the time limited by law. This demurrer was overruled, and an exception taken. Thereafter respondent filed an answer, denying certain portions of the petition, and containing an affirmative defense setting up the proceedings in the divorce case in full, and alleging that the property awarded to Candace Van Brocklin, the divorced wife of J. W. Van Brocklin, deceased, was for the benefit of, and an advancement to, said petitioner. A demurrer was sustained to the affirmative answer. The appellants elected to stand upon the allegations of the answer. Findings of fact were thereupon made, substantially as alleged in the petition, and the court entered a decree, a portion of which is as follows: 'Ordered, adjudged, and decreed that Helen May Van Brocklin is to all legal intents and purposes a child and legal heir of the said J. W. Van Brocklin, deceased. It is further ordered, adjudged, and decreed that the last will and testament of the said J. W. Van Brocklin, deceased, be, and the same is hereby, declared to be ineffectual as against said child Helen May Van Brocklin, and that J. W. Van Brocklin died intestate as to the said child, and she is entitled to receive and shall receive such proportion of said estate of said J. W. Van Brocklin, deceased, both real and personal, as if the said J. W. Van Brocklin had died intestate, and the same shall be assigned to her, and all the other heirs, devisees, and legatees shall refund their proportional part. It is further ordered, adjudged, and decreed that the probate of said last will and testament of said J. W. Van Brocklin, deceased, and the decree admitting the same to probate, entered on the 23d day of March, A. D. 1900, and the letters testamentary issued thereon to said Enoch W. Wood, be, and the same are hereby, annulled, revoked, and set aside, and declared to be absolutely void, and of no force or effect.'

This appeal involves two principal questions, viz.: Does the respondent, Helen May Van Brocklin, occupy the same relation to J. W. Van Brocklin, deceased, as a child born in lawful wedlock? If so, was the will absolutely void, and of no effect? The statutes of this state in reference to adopted children provide as follows: 'Sec. 6483 (Ballinger's Ann. Codes & St.). By such order [of adoption] the natural parents shall be divested of all legal rights and obligations in respect to such child, and the child shall be free from all legal obligations of obedience and maintenance in respect to them, and shall be, to all intents and...