Howe v. Howe

Summary

A Virginia circuit court held that an adopted child born and adopted after execution of the testator's will qualified as a pretermitted child under Virginia law. The court concluded that the adoption statutes placed the adopted child in the same position as a natural child and entitled him to participate in the decedent's estate.

Holdings

1. An adopted child who was born and adopted after execution of the testator's will is embraced within Virginia's statutes concerning pretermitted children and is entitled to participate in the testator's estate under Code § 64-69.

Questions Presented

1. Whether an adopted child born and adopted after execution of the testator's will is a pretermitted child under Virginia law and therefore entitled to participate in the estate.

Disposition

other