Webb's Estate

Citations

• 250 Pa. 179
• 95 A. 419
• 1915 Pa. LEXIS 927

Syllabus

<p>Parent and child — Adopted child — Right to inherit — Children of adopted child — Act of May 9, 1889, P. L. 168.</p> <p>1. The word “heir” when unexplained and uncontrolled hy the context must be interpreted according to its strict and technical import, in which case it obviously designates the persons appointed by law to succeed to the real estate in case of intestacy.</p> <p>2. The Act of May 9, 1889, P. L. 168, which provides that an adopted child “shall have all the rights of the child or heir of such adopting parent,” invests the adopted child with the right to become the heir-at-law of the adopting parent, and with this investment goes the right of succession in the legal heirs of such adopted child, so that in case such child is not living at the death of the adopting parent, his or her heirs would succeed, as he or she would have done if living.</p> <p>3. Testatrix died intestate, leaving to survive her the children of an adopted child, who had died prior to decedent’s death. At the settlement of the estate of decedent, these children claimed the share which their mother would have taken if living. Held, the Orphans’ Court erred in disallowing the claim and ordering distribution of the fund among the collateral kindred of the intestate.</p>