The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-08-24

by express statute and may not be
affected by intendment or implica-
ton.
1.-The statute of Minnesota pro-
vides for the descent of the property
OF the ancestor to the surviving
child or children without any limit
alton whatever as to the statue Of
such child.
There Is no statutory declaration
which limits the right of inheritance
within the line of succession from
the natural parent even though the
child in such case may have been
adopted by others.
1t has been held by the supreme
court of Massachusetts in Delano VS..
Brcurton, ct al, go N. e. 30S) in
testate had been adopted by the lat
ter, that such grandson could not in
herit both as an adopted son &ad as
grandson; but in such case the
court stated: 1t has to be continual
ly borne in mind that we are not
dealing with the question whether
the grandson can inherit as a son
from his adopting parent and at the
same time inherit directly from his
father If bis father left property
he would have the right to inherit it.
And In Wagner vs.. Warner go
Iowa $500 the court held: Where a
father adopted two children Of his
daughter and afterward died leaving
no will, 1t was held that the children
so adopted would inherit from him
as his own children and would also
inherit the share of their deceased
mother.
Unless Child Is Disinherited
There is no escape from this con-
clusion unless 1t can be- said that
the child by the adoption is disin-
herited by its natural parent. Be-
cause of the adoption the child ac-
quires certain additional rights, but
there is nothing In the act Of adop-
ton which in and of itself takes
away other existing rights or such
as may subsequently accrue, except
as by statute expressly provided.
by the act of adoption these
children became in legal sense the
children of the grand parent; never
their natural parents, and the act of
adoption does not deprive them Of
the statutory right of inheriting
from their natural parents unless
there Is a statute which in terms SO
provides. Not only Is there no such
statute but we think the contrary is
expressly provided.
1.-THE rule Of law must be consid-
cred as having a general application,
and in most cases the adoption of a
child proceeds without the consent
OF the child adopted.
"In the formation Of the laws OF
Minnesota the process Of adoption
of children seems to have been con-
sidered as bearing upon the social
status Of the adopted child in its re-
lations to organized society and the
welfare of the state.
'It is a sort of proceeding in rem
affecting only the status of the child
and as such its incidental relations
on the one hand to the natural par
emit and on the other hand toward
the adaptive parent, with certain
statutory requirements concerning
the respective relations Of each.
Law Of Adoption
The law of adoption In Minnesota
ed upon the original enactment OF
Chapter 81 of the Laws Of 1876,
which declares: IAN Act providing
for the Adoption Of Children" No
reference Is made in the title of such
act concerning descent or the right
OF inheritance, and therefore no at
flrmative provisions could be ex-
pected or are to be found in such
enactment concerning the right OF
inheritance. 1T.
"This act provided for the, rela-
tons of parent and child: Except
that such adoption shall not in IT.
self constitute such child the heir
of such parent or parents by adop-
ton" Further the enactment pro-
vides that the natural parents shall
be deprived of all legal rights re-
specting the child and such child be
free from obligations of maintenance
or obedience respecting his natural
parents. It is quite clear that the
purpose Of the act only reaches the
status of the child during the period
Of its infancy.
1.-THE expression Of the legislative
intent was continued by Chapter rs
Of the Laws Of 1885, wherein among
other things it is provided: mo per
son shall by being adopted lose his
right to inherit from his natural
that this declaration has been ex-
actments have been codif1ed into
the Statutes of Minnesota, Chapter
124 Supplement Of the Statutes Of
1878, Chapter 100 Statutes of Min
nesota 1894, which emphasizes the
application of the Interpretation that
adoption affects only the status Of
the child, for the reason that here
the provisions in such respect are
mingled with other provisions Of
child welfare. And again Chapter 70
o. the Revised Laws Of 1905, and
Chapter 70 inter related with Chap
ter TIA Of the General Statutes Of
Minnesota 1918, very clearly imply
a legislative intent by the rules OF
adoption only to affect the social
status and domestic relation Of the
child adopted without depriving such
child Of any inherent or natural
right"
What Law Says
Section 1923 Statutes of MINES
ota 1894 expressly provide: No per.
son shall be being adopted lose his
right to inherit from his natural par.
ents or kindred This provision Is
supplemented by Chapter 221 Of the
Laws of 1895, providing among 9TH
er things: Property received by