DISPUTE OVER WILL

Dominion, Volume 36, Issue 16, 14 October 1942, Page 2

DISPUTE OVER WILL

The right of an adopted sou to share in the same manner as other members ot the family in the estate of his mother s father under a will in which ho was not Sa ’I t C L !)„ the first case in which thffi question had been judicially settled. Co rt held that the adopted,child could no^take an interest in the estate and thus upheld the judgment of M . Justice Smith. Appel ant was H. K Holmes and respondent Mrs. 1. E< Mr S ’C G. Harker represented appellant and Mr. S. A. Wicen represented Soffdent. Mr..J. F. Byrne acted for the Public Trus Office. Ta ,, ksou Uiider the will of Mr. J; Jl- - iu M)l2, the income of the estate was IcA to his wife for l>er Hfetime, anfi after that, to his daughter, Mrs. Holmes, for her lifetime. Provision was Junde for h children over 21 of Mrs. Holmes, who hid only one child, who was respondent n the anneal. A son was adopted in 11)14 by Mrs. Holmes, he being appellant in the ease. Two codicils were added by Mr Jackson to bis will in 1918, but neither altered the previous provisions and it was stated that in all other retlio will wfis confirmed. l lt was argued by Mr. M irem that under the Infants Act an adopted child had ail the rights of the natural relationship between parent and child, but did not acquire rights to any property devolving <he children of the adopting parent, ite virtue - of ally mstrument dated prior to adoption. lie submitted that if the will was republished by codicil it made no difference.