Minary v. Citizens Fidelity Bank & Trust Co.


FACTS: The will of the decedent, Amelia Pl, devised her residuary estate in trust to pay the income to her husband and three sons for their respective lives. The trust was to terminate upon the death of the last surviving beneficiary, at which time the trust was to be distributed to T's surviving heirs and if no heirs, then to the First Church. Two of the three sons left no surviving issues, but a third son, Alfred, married and thereafter adopted his wife. M. Minary PL the wife of Alfred, brought suit against the Citizens Bank Df, contending that the trust should be awarded to her since she, having been adopted by her husband, becomes an "heir" for purposes of the will. The trial court held for P. D appeals.

QUESTION PRESENTED: Will adoption of an adult for the purpose of bringing that person under the provisions of a preexisting testamentary instrument be permitted?

HOLDING: No.

RULE AND APPLICATION: Even though the adoption statute provides that an adult person may be adopted in the same manner as a child, we are constrained to view this practice as an act of subterfuge that thwarts the testator's intent. Here, were we to give strict effect to the adoption statute, we would thwart the efforts of the deceased to dispose of her property as she saw fit. Adoption of an adult for the purpose of bringing that person under the provisions of a preexisting testamentary instrument when she clearly was not intended to be so covered should not be permitted, and we do not view this as doing any great violence to our adoption laws.