, 1881-01-23
THE KEEGAN ESTATE.


An TmDortnpt De ciSfOn by Judge hmck"
erbockcr OF tIe Frobate Court.
In the Probate Court yesterday Judge hnlck-
crbocker delivered long and Interesting opln-
ion in the matter Of the petition OF mary aun
Keesan to set aside proof of .heirshsp hereto-
fore entered, and to declare tho petitioner SOLE
LAW of Michael B. kccEan and Mary q.
Keegan, botE deceased.
Briefly tho history of the case is as follows: IN
1867 Michael &. Kcegan and his then wl1e'
Margaret Keegun, while living in Wisconsin
adopted little girl lanry Ann heeSan, dne ptta 5a
State Of Wisconsin, the order Of the Court peln&
that tho child should be deemed and:taken to ~
md Murauret Keegan. Margaret Keegan dled
in 1871 and Mr.. KccGan married neqeha ~
Geraghty, by whom was born Mary Y; hegguu'
lS. lS39, Sir. Keogan, who bud removed to Chlc9,
goi IN tho mcanttme, also died bequsathlng a,a ail
Ills estate to his daughter Mary =. heegans, gnts
later the little hcircss went to join her paIents
and on May 10, 1880, IN order was enlcrcd IN 1ne
maternal grandfather was her only @ 9ext & et I'm t
and hcir-ar-law to her estatc: THIS LETT tne
adopted daughter out In tho cotd-anu pence 1ne ne
petition. She claimed that by the decree or
adoption she became tho child Of Dlichnel +:
and Margaret kecean, and that ~ me a law at M1
Wisconsin and lnos she ", as the aoe en- neIat nat
by Mary g., the little daughter.
The Court in its opinion said that both the
Et1tutQ8 OF WISCONSIN anu 1lltuoi5 pAuF40Gu AA+At
q child SO adopted should be deemed Tor the
purposes OF inheritance tho same rs II oor1l 9.
lawful wedlock, except that he or she snon,a
limited to the body or bodies Of the parents or
to the lineal or collateral kindred OF snca
parents by right OF representation Ana the
opinion. concluded US follows:
The fifth division OF Sec or our statule o1
descent provides as follows:
~" there Is no child OF ne 1ntesaatf -t,,ar OF "
or sister or descendant Of such parent, orolne5.
or sister. and no widow or surviving husband
then such estate shall descend IN equnl paris g
Computing by the rules Of the civil law1 ,.,,,,,
Tho petitioner. to succeed, must come WITHIN
the definition IN law Of sister to Mary ter
Webster defines sister to be female whose
parents are the same as another person. bon-
ner says a.sister is u woman: who has tho same
father and mother us, another. The relation
created between Michael r. KeeEan and Mary
a pe hy t on act Of aspqn ps
bis works on - Domestic Relations has been
pleased to term 1t, quasi parental.
case upon the Statute Of Wisconsin, Illinois, or
any similar statute, Where the eight OF the oh1!d
BY adoption has'been held TO extend 70 lnnort.
| born in lawful wedlock. nor has any DECISION
been brought to the knowledge Of the Court
Hheresuch right has been co1lstdereu:
| It may be said the stltute is bruad In Its lau-
| guase, aad TINT to place tho construction upon
| It prayed for in the petition would 10 no vio-
that the provisions of thts statute ought not to
! be enlarged nor any right granted under IT BY
| judicial constructions.
| The question Of comfy has been regarded as
Of secondary Importance, for, after having given
| the whole subjecta very careful consideration,
the Court is Of tho opinion that the petitioner
| could not be found to be sister or heir-at-laFv
Of Mury Gertrude Keegan bad the adoption been
underline present statute Of this State and the
donicile OF all parties here
| The prnyer Of the petitioner will therefore be
denied and the petition dismissed at petitioners
| cost. =.