Van Brocklin v. Wood

Citations

• 38 Wash. 384
• 80 P. 530
• 1905 Wash. LEXIS 1180

Syllabus

<p>Wills—Adopted Child—Not Named in Will—Rights op. Where a testator dies, leaving an adopted daughter not named or provided for in his will, he is deemed to have died intestate as to such child, under Bal. Code, § 4601; since Bal. Code, § 6483, confers upon an adopted child all the rights and privileges of a child born in lawful wedlock.</p> <p>Same—Divorce—Custody of Adopted Child Awarded to Wipe—• Provision por. The fact that a testator, whose will did not name or provide for an adopted child, had been divorced from his wife and the custody of such child awarded to the wife, and that certain property was set aside by the decree to the wife as the wife’s separate property, does not amount to an advance for the benefit of the daughter, or prevent her from inheriting a share of the testator’s estate as though he had died intestate.</p> <p>Same—Attack on Will by Child Not Named—Eppeot—Regularity op Administration—Distribution. The fact that a will did not name or provide for a child of the testator does not render the will void absolutely, nor authorize the setting aside of the probate proceedings; but the administration had should stand as regular in all things, except that, after payment of the debts and expenses, the proportionate share of such child should be paid over and the balance of the estate distributed under the will.</p>