Opinion
No. 19,067.
Filed October 28, 1958. Rehearing denied November 25, 1958. Transfer denied January 14, 1959.
DESCENT AND DISTRIBUTION — Inheritance — Children — Child Adopted During Minority Cannot Inherit from Natural Grandparents. — It has been held that a child adopted during minority could not inherit from its natural parents. Therefore since a grandchild must establish its relationship through its parents, such grandchild is barred from inheritance from its natural grandparents.
Appellant, Eileen Kirkpatrick Kerlin, petitions to transfer her cause from an adverse decision of the Appellate Court affirming judgment below.
From the Tippecanoe Circuit Court, Paul D. Ewan, Judge.
Reporter's Note: Reported in 129 Ind. App. 199, 153 N.E.2d 607.
Transfer denied.
Vaughan Vaughan, James E. Vaughan and Charles L. Vaughan, of Lafayette, for appellant.
John B. Hudson and Harry P. Schultz, both of Lafayette, for appellees.
ON PETITION TO TRANSFER
This case is pending before us on petition to transfer. Appellant was adopted during minority. She seeks to inherit from her natural grandfather.
We held in the case of Scott v. Scott (1958), 238 Ind. 474, 150 N.E.2d 740, that under § 6-208a of the Probate Code a child adopted during minority could not inherit from its natural parents. This case holds that, because of the fact that a grandchild must establish its relationship through its parents, such grandchild is barred from inheritance from its natural grandparents.
We believe the decision is correct and that transfer should be denied.
Landis, C.J., Arterburn, Bobbitt and Jackson, JJ., concur.
NOTE. — Reported in 155 N.E.2d 389.