Keegan v. Geraghty

Citations

• 101 Ill. 26
• 1881 Ill. LEXIS 44

Syllabus

<p>1. Adopted child—as to his right of inheritance—from whom. The rights of inheritance acquired by an adopted child under the laws of another State, where he was adopted, will be recognized and upheld in this State only so far as they be not inconsistent with our laws of descent, so that if such child can not take by descent by our statute, it can not take at all, no matter what may be the law of the State where the adoption was made.</p> <p>2. Under our statute for the adoption of children, an adopted child can take by descent only from the person adopting, and not from - the lineal or collateral kindred of the adopting parent. Therefore such child can not, by inheritance, take from a child of the adopting parent born in lawful wedlock, the adopted child not being a brother or sister in fact.</p> <p>3. Same—statute to be. strictly construed. As against an adopted child the statute should be strictly construed, as being in derogation of the general law of inheritance, which is founded on natural relationship, and is a rule of succession according to nature, which has prevailed from time immemorial.</p> <p>4. ’ Descent—what laws govern as to real estate. The laws of this State govern in the descent of real property situated in this State.</p>