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Minary v. Citizens Fidelity Bank & Trust Co.

Court of Appeals of Kentucky (pre-1976)
419 S.W.2d 340 (1967)
ELI5:

Rule of Law:

An adult adopted for the purpose of making them an heir under a pre-existing testamentary instrument of an ancestor is not considered an heir under that instrument. Such an adoption is viewed as a subterfuge that thwarts the testator's intent, which is a paramount legal principle that overrides a strict statutory interpretation of adoption laws.


Facts:

  • In 1932, Amelia S. Minary executed a will creating a trust for her husband and three sons.
  • The will stipulated that upon the death of the last surviving beneficiary, the remaining trust property would be distributed to her 'then surviving heirs, according to the laws of descent and distribution then in force in Kentucky.'
  • Amelia Minary died in 1932.
  • In 1934, her son, Alfred D. Minary, married Myra Galvin Minary.
  • Years later, prior to his death in 1959, Alfred adopted his wife, Myra, who was an adult at the time.

Procedural Posture:

  • An action for the construction of Amelia S. Minary's will was filed in a Kentucky trial court.
  • The trial court declared that Myra Galvin Minary, the adopted adult wife of Alfred Minary, qualified as an heir of Amelia S. Minary under the terms of the will.
  • The losing party appealed this decision to the highest court in Kentucky.

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Issue:

Does the adoption of an adult spouse make that person a 'surviving heir' eligible to inherit under the will of the adopting parent's mother, who was a stranger to the adoption?


Opinions:

Majority - Osborne, Judge

No. The adoption of an adult for the purpose of bringing that person under the provisions of a pre-existing testamentary instrument should not be permitted. While Kentucky statutes give adult adoptions the same legal effect as child adoptions, the court will not allow this practice to be used as a subterfuge to thwart the clear intent of a testator. The right of an individual to pass property to the natural objects of their bounty is a paramount legal principle that outweighs a strict, literal interpretation of adoption statutes in this specific context. Allowing an adult adoptee, who was a stranger to the testator, to inherit would cheat the rightful heirs and circumvent the testator's probable wishes.



Analysis:

This decision establishes a significant public policy limitation on the legal effect of adult adoptions for inheritance purposes under third-party instruments. It prioritizes the presumed intent of the testator over the literal text of adoption statutes, creating a judicial exception to prevent what the court views as a strategic manipulation of inheritance laws. This 'stranger to the adoption' rule, specifically for adult adoptees, curtails the ability of a life beneficiary to alter the ultimate disposition of an estate by adopting an adult contrary to the grantor's likely intent.

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