Minary v. Citizens Fidelity Bank & Trust Co. case brief summary
419 S.W.2d 340
SYNOPSIS: Appellant beneficiaries challenged a judgment from the trial court (Kentucky), which declared that a beneficiary's adoption of his wife prior to the beneficiary's death allowed the wife to be named as an heir of decedent and thus, enable her to take under a trust managed by appellee bank trustee.
OVERVIEW: Decedent's surviving heirs were eligible to receive the remaining portion of a testamentary trust upon its termination. However, one of decedent's children adopted his own wife prior to his death. Therefore, the question presented for review was whether the wife was eligible to inherit under the provisions of decedent's will as an "heir." On appeal, the court reversed the judgment of the trial court allowing the wife to inherit under the will as an heir of decedent.
HOLDING:
The court held that when an adult was adopted for the sole purpose of making him or her an heir and claimant to the estate of an ancestor under the terms of a testamentary instrument known and in existence at the time of the adoption, the practice was an act of subterfuge which thwarted the intent of the ancestor whose property was being distributed and cheated the rightful heirs.
ANALYSIS:
Accordingly, the court concluded that the wife was not able to inherit under the will as an heir of decedent.
OUTCOME: The court reversed the judgment of the trial court allowing the wife to inherit under the will of decedent.
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419 S.W.2d 340
SYNOPSIS: Appellant beneficiaries challenged a judgment from the trial court (Kentucky), which declared that a beneficiary's adoption of his wife prior to the beneficiary's death allowed the wife to be named as an heir of decedent and thus, enable her to take under a trust managed by appellee bank trustee.
OVERVIEW: Decedent's surviving heirs were eligible to receive the remaining portion of a testamentary trust upon its termination. However, one of decedent's children adopted his own wife prior to his death. Therefore, the question presented for review was whether the wife was eligible to inherit under the provisions of decedent's will as an "heir." On appeal, the court reversed the judgment of the trial court allowing the wife to inherit under the will as an heir of decedent.
HOLDING:
The court held that when an adult was adopted for the sole purpose of making him or her an heir and claimant to the estate of an ancestor under the terms of a testamentary instrument known and in existence at the time of the adoption, the practice was an act of subterfuge which thwarted the intent of the ancestor whose property was being distributed and cheated the rightful heirs.
ANALYSIS:
Accordingly, the court concluded that the wife was not able to inherit under the will as an heir of decedent.
OUTCOME: The court reversed the judgment of the trial court allowing the wife to inherit under the will of decedent.
Minary v.
Citizens Fidelity Bank & Trust Co. (Ky. Ct. App. 1967) [13 CB 89]: Amelia left trust for
benefit of husband and 3 children, to terminate upon death of last child and
corpus distributed to her heirs and then a church. Amelia’s youngest son adopted his wife as his
child, and after youngest son’s death, adopted wife tried to inherit as
Amelia’s heir. Rule: Kentucky law recognizes the adoption of adults for
the purposes of making them heirs at law.
However, to permit the adopted wife to inherit would thwart Amelia’s
intent, which was to leave the property to the church in absence of an heir.
ii. Even in states permitting adult adoptions (of
spouses for that matter) for purposes of inheriting as heirs, our underlying
goal is still to effectuate decedent’s intent
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