Shipman v. Kruse

DOOLING, J.

This is an appeal from a decree determining heirship. The appellant is the adopted daughter of John Kruse, a predeceased brother of the intestate decedent, and the respondents are surviving brothers of said intestate decedent. The decree determined that appellant is not an heir of the decedent.

The applicable statute of succession is Probate Code, section 225: “If the decedent leaves neither issue nor spouse, the estate goes to his parents ... or if both are dead in equal shares to his brothers and sisters and to the descendants of deceased brothers and sisters by right of representation. ’ ’

Appellant claims as a “descendant’’ of a deceased brother. The uniform current of ease law in this state is opposed to appellant’s contention. The decisions commence with

In re Darling,

173 Cal. 221 [159 P. 606], The precise holding in that case was that an adopted child may, despite the adoption, inherit from his grandfather by blood. In the course of its discussion the Supreme Court stated at page 226: ‘1 So far as we have been able to find, there is no decision given under statutes anything like ours to the effect that the adopted child has any right of inheritance as to the ancestors or collateral kindred of the adopting parents, or is deprived by the

[256]

adoption of any right of inheritance that he had as to the ancestor and collateral kindred of his parents by blood. ’ ’

Since this decision it has been consistently held that an adopted child while he inherits

from

his adopting parents does not inherit

through

them from the relatives of the adopting parents.

(Estate of Pence,

117 Cal.App. 323, 332-333 [4 P.2d 202] ;

Estate of Jones,

3 Cal.App.2d 395 [39 P.2d 847] ;