Minary v. Citizens Fidelity Bank & Trust Co. case brief

Minary v. Citizens Fidelity Bank & Trust Co. case brief summary
419 S.W.2d 340 (1967)

CASE 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.

CASE FACTS
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."

DISCUSSION

• On appeal, the court reversed the judgment of the trial court allowing the wife to inherit under the will as an heir of decedent. 
• Instead, 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. 
• Accordingly, the court concluded that the wife was not able to inherit under the will as an heir of decedent.

CONCLUSION
The court reversed the judgment of the trial court allowing the wife to inherit under the will of decedent.


Suggested Study Aids For Wills, Trusts & Estate Law