Wall v. Estate of McEnnery

Citations

• 105 Wash. 445
• 178 P. 631
• 1919 Wash. LEXIS 990

Syllabus

<p>Adoption—By Contract—Validity. There being no right of adoption at common law, an agreement for an adoption prior to the passage of the first territorial act authorizing adoptions in this state, is not valid to give the status of an heir under the laws of inheritance.</p> <p>Specific Performance (11)—Contracts Enforcible — Invalid Contract for Adoption. A contract for adoption will not be specifically enforced, so as to give a right of inheritance, because of a good faith attempt to make the adoption by contract, where there was at the time no authority in law for an adoption.</p> <p>Same (25, 51)—-Wills (8-1)—Contract to Devise—Evidence— Sufficiency. A contract by foster parents to “leave” property in consideration of services performed by one who was never legally adopted, will not be specifically enforced unless clearly proved, and it is not sufficient to show services as a child, that she was sent to school, and that the foster parents had stated that they had adopted her, and that she was their heir and would inherit their property without the making of any will.</p>