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Wyeth v. Lynn

District Court of Appeal of Florida, Second District
Dec 29, 2004
892 So. 2d 1035 (Fla. Dist. Ct. App. 2004)

Summary

In Wyeth v. Stone, 144 Mass. 441, 443, Chief Justice Morton pointed out that "[i]t is probable that the" 1876 statute "was passed in consequence of" the decision in Sewall v. Roberts, 115 Mass. 262. He continued, "The design of Legislature in this [1876] statute clearly was to... limit the rights of an adopted child under the previous statute, as construed by this court.

Summary of this case from Boston Safe Deposit Trust Co. v. Fleming

Opinion

No. 2D04-3100 to 2D04-3107, 2D04-3109 to 2D04-3119, 2D04-3121 to 2D04-3133.

December 29, 2004.

Appeal from the Cir. Ct. (Lee).


Decision without published opinion. Affirmed.


Summaries of

Wyeth v. Lynn

District Court of Appeal of Florida, Second District
Dec 29, 2004
892 So. 2d 1035 (Fla. Dist. Ct. App. 2004)

In Wyeth v. Stone, 144 Mass. 441, 443, Chief Justice Morton pointed out that "[i]t is probable that the" 1876 statute "was passed in consequence of" the decision in Sewall v. Roberts, 115 Mass. 262. He continued, "The design of Legislature in this [1876] statute clearly was to... limit the rights of an adopted child under the previous statute, as construed by this court.

Summary of this case from Boston Safe Deposit Trust Co. v. Fleming

In Wyeth v. Stone (144 Mass. 441) it was held that a child adopted by the widow of the testator did not come within the contemplation of the provision of his will devising the remainder of his estate to her heirs.

Summary of this case from Dodin v. Dodin
Case details for

Wyeth v. Lynn

Case Details

Full title:WYETH v. LYNN; WYETH v. VILLELLA; WYETH v. BORRO; WYETH v. BATTLE; WYETH…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 29, 2004

Citations

892 So. 2d 1035 (Fla. Dist. Ct. App. 2004)

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Boston Safe Deposit Trust Co. v. Fleming

Statute 1851, c. 324, § 6, provided that an adopted child should be "deemed, for the purposes of inheritance…

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Any other construction would give the statute a very narrow scope, and to a great extent defeat its…