In re Estate of Evans
Before: Garoutte
Synopsis
Adoption op Child—Irregularities in Proceedings—Death of Adopting Parent.—After adoption papers have been executed before the judge, and the adopted child has lived with the adopting father many years, down to the day of his death, it requires more than mere irregularities to brush aside and annul the relationship so entered into.
Id.—Form op Judge’s Order—Object op Statute.—The statute lays down no rules by which the form of the judge’s order declaring the child to be the child of the person adopting shall he measured and its sufficiency tested; hut the real purpose of the statute requiring the parties to come before the judge is to enable him either to ratify or reject the contract of adoption, as seems best to him, in the interest of the child.
Garoutte, J. Upon the hearing of the petition for the distribution of the estate of Samuel W. Evans, deceased, a contest arose as to the right of Hattie Evans to inherit as a child of said deceased. Her status as such child is dependent upon the validity of certain adoption papers, she claiming to be the adopted child of deceased by virtue of these papers. The trial court declared her [564]legally adopted, and entitled to a child’s share of the estate, and this appeal is prosecuted from such decree.
As appears by the findings of fact, when Hattie Brown was about nine years of age, she became an orphan, and was taken to the household of Samuel W. Evans and wife; that within a few months thereafter said Evans and his wife Ellen, in company with said Hattie, all being residents of Tulare county, came before the judge of the superior court of said county, at the courtroom thereof, and thereupon said Evans executed an agreement of adoption in the following words:
“ I, Samuel Evans, of Tulare county, state of California, of the age of forty-one years, a married man, and the husband of Ellen M. Evans, have agreed, and by these presents do agree to adopt, and do adopt, the minor child, Hattie Brown, who is of the age of ten years past, and the child of Charles Brown and-Brown, both of whom are now dead; and I hereby further agree to treat the said minor child, Hattie Brown, in all respects as my own lawful child should be treated. ■
“ Given under my hand, this 16th day of January, A. n. 1882.”
The findings further state that upon the aforesaid agreement of adoption Ellen M. Evans, the wife of Samuel W. Evans, attached her written consent to the adoption of said Hattie; that the judge examined said Evans and his said wife Ellen, and became satisfied that it would be for the best interests of the child that adoption should be declared, and thereupon indorsed upon the agreement of adoption the following order:
“County or Tulare—ss.
“ The hereto attached agreement of Samuel Evans, adopting the minor child Hattie Brown, aged about nine years, whose parents are both dead, is hereby approved by me, and ordered filed with the county clerk of said Tulare county, state of California.
“William W. Cross,
“ Superior Judge.
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