Brief Fact Summary. Kathleen M. Kelly as administratix of the decedent’s estate alleges that Jean Louise Iverson, her niece, should not inherit from the decedent. State statue provides that an adopted child is not to be considered an heir of his natural parents, however it does not state whether an adopted child shall not take from his natural grandparent.
Synopsis of Rule of Law. Although the state statute does not expressly provide the Court finds that the legislature intended that an adopted child may not inherit from their natural grandparents just as they may no longer inherit from their natural parents.
The only object of construction is to ascertain the meaning and intention of the legislature, and when that intention is discovered it is controlling, although it may be contrary to the strict letter of the statute.View Full Point of Law
Issue. May an adopted child inherit from their natural grandparents?
Held. No. Reverse. An adopted child may not inherit from their natural grandparent.
Discussion. State statute provides that an adopted child shall no longer be an heir of their natural parent. State adoption laws are intended to divest the natural parent of all legal rights and obligations with respect to the child and provide the child with fresh start treating him as the natural child of the adoptive parents. Consistency requires that reading of the two statutes together the only conclusion is that the inheritance statute was intended to transfer all rights of inheritance out of the natural family upon adoption and place them entirely with the adopted family, including inheritance from grandparents.