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· 9/13/1996

MacCallum v. Seymour's Administrator

Citations

  • 686 A.2d 935
  • 165 Vt. 452
  • 1996 Vt. LEXIS 111

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that although adopted persons had “historically been a target of discrimination,” social prejudices failed to support their continued exclusion from intestacy law
  • holding that statute denying adopted children right to inherit from collateral heirs violated Common Benefits Clause, and declaring plaintiff to be lawful heir of estate of collateral relative
  • holding that statute denying adopted children right to inherit from collateral heirs violated Common Benefits Clause, and declaring plaintiff to be lawful heir of estate of collateral relative
  • noting that symbolic and psychological damage resulting from unconstitutional classification depriving adopted children of right to inherit from collateral kin may be more significant than any concern over material values
  • noting that symbolic and psychological damage resulting from unconstitutional classification depriving adopted children of right to inherit from collateral kin may be more significant than any concern over material values
  • rejecting presumed intent as basis for statutory exclusion of adopted children from right to inherit from collateral kin

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Gibson, Dooley, Morse, Johnson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.