· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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