Succession of Caldwell

Citations

• 114 La. 195
• 38 So. 140
• 1905 La. LEXIS 439

Syllabus

<p>ADOPTION — FOREIGN DECREE — RECOGNITION— ADULTS AND MINORS — AGE OF PARTIES.</p> <p>1. Where a childless old man, a resident of the state of Louisiana, through counsel specially employed for that purpose, obtained a decree in a probate court in the state of Massachusetts, declaring that he adopted his niece, a resident of said state, as his child, and it is shown that such adoption was valid under the laws of Massachusetts, and conferred on the niece all the rights of a legitimate child, held, that such decree will be given full effect in Louisiana under the “full faith and credit” clause of the federal Constitution, and under the principles of comity, when the enforcement of such a decree is not repugnant to the laws of Louisiana, and does not affect any of its citizens.</p> <p>2. The statutes of Louisiana, like those of Massachusetts, provide for the adoption of both adults and minors, and give the adopted persons all the rights of legitimate children.</p> <p>3. Act No. 31 of 1872, p. 79, applies only to the adoption of minors, has no repealing clause, and did not abrogate the provisions of Civ. Code, art. 214, relative to the adoption of adults.</p> <p>4. Where it is contended that the adoption in Massachusetts was repugnant to the laws of Louisiana relative to difference in ages between the parties, held, that the burden of proving the facts was on the parties attacking the judgment.</p> <p>(Syllabus by the Court.)</p>