Flanigan v. Security-First-National Bank

WOOD, J.

The decedent Georgia Anna Hebert, who died intestate as to most of her estate, during her lifetime legally adopted Howard Hugh Hebert as her son. At the time of the adoption the interested parties were residents of the state of Washington and the order of adoption was made by a court of that state having the proper jurisdiction. The adopted son predeceased the decedent, leaving as his sole heirs two daughters, his legitimate issue by blood. The appellants, who are cousins of the decedent and would be entitled to inherit as next of kin if it be declared that the daughters of the adopted son are not entitled to inherit, have appealed from orders determining heirship and decreeing partial distribution which were made by the probate court in favor of the daughters of the adopted son. The question for determination is whether the daughters of the adopted son are heirs at law of the party who adopted their father.

The

status

of an adopted child is determined by the laws of the state in which the adoption was effected, but the rules of inheritance as to personal property are to be determined by the laws of the state where the decedent was domiciled at the time of death and as to real property the rules of inheritance are to be determined by the laws of the state in which the realty is situated. Although expressing “some doubt” as to whether the laws of California or the laws of Washington should be held to be controlling upon the question involved in this appeal, respondents argue that the Washington laws should govern and cites

In re Williams,

102 Cal. 70 [36 Pac. 407, 41 Am. St. Rep. 163], in which the court quotes with approval from the opinion in

Ross

v.

Ross,

129 Mass. 243, 246 [37 Am. Rep. 321]. In the Williams case

[666]

the question involved was the sufficiency of the adoption proceedings. The Boss case was therein cited on the question of the