Bilderback v. Clark

Citations

• 106 Kan. 737
• 189 P. 977
• 9 A.L.R. 1622
• 1920 Kan. LEXIS 644

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Adoption op Minor Child — Preadoption Agreement — Child’s Bights of Inheritamee. The petition alleged that' a childless widow, seeking to adopt her brother’s minor child, agreed with the father that she would deed to the child such portion of her estate as she desired the child to have, and the remainder of her estate would go to her brothers and sisters. The next day formal adoption proceedings, embracing consent of the father, were consummated, whereby the child became, under the adoption statute, the child and heir of the foster parent. The foster parent died intestate. Held, the preadoption agreement was void, and the child inherited her foster mother’s estate.</p> <p>2. Same — Findings of Jury. The proceedings resulting in findings by the jury that a deed by the foster mother to her adopted daughter was not given in settlement of the child’s expectancy as heir, examined, and held to be free from error.</p>