Wilson v. Wood

NOURSE, J.

This is an action in equity to recover a portion of the estate of Marian S. Wood, deceased, on the theory that the deceased and her husband contracted with plaintiff

[553]

and her father to give to plaintiff a one-third vested interest in the property of the estate.

The facts of the ease are that in 1874, in the state of Michigan, the deceased and her husband agreed with the father of the plaintiff, who was then a girl of three years of age, that they would adopt the plaintiff as their own child under the statutes then in force in that state. A written agreement of adoption was executed by the parties in which it was recited that the deceased and her husband intended to make said child their heir and that they would adopt her as their own child and heir. This agreement was approved by the probate court, and on the first day of February, 1875, the order of the court was entered citing the terms of the agreement and decreeing that the name of the plaintiff was thereby changed to Amy Wood and that she was thereafter entitled to all the rights of heir at law of the adopting parents. She was thereupon taken into the home of the Woods and lived with them as their daughter continuously until her marriage in 1891. She was always referred to by the Woods as their daughter and she was taught to address them as father and mother. This relation continued until the death of the Woods. The marriage in 1891 was without the consent of her adopting parents and caused them to become estranged, though correspondence was continued and Mr. Wood frequently contributed to the plaintiff’s support. The marriage was not successful, and a divorce was obtained by this plaintiff. During this time Mr. Wood particularly was very solicitous of the plaintiff, advised her in the matter of procuring her divorce, contributed to her support, and purchased for her a house in which she made her home. Mr. Wood died in 1917 leaving a last will and testament in which he bequeathed to the plaintiff, the sum of twenty-five thousand dollars in trust to be held for her until her son reached the age of twenty-one years, and also bequeathed to her son the sum of five thousand dollars. Mrs. Wood died in 1922 leaving a last will and testament in which she bequeathed to the plaintiff the sum of one thousand dollars. It is admitted by the parties hereto that her estate was valued at more than one million five hundred thousand dollars. The bulk of this estate was left to the two sons who were the natural children of Mr. and Mrs.