Morris v. Ulbright
558 S. W.2d 660, 1977 Mo. LEXIS 228 (1977)
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Rule of Law:
A child's adoption does not extinguish their contingent remainder interest as a 'bodily heir' under a deed from a third party because the child takes as a purchaser directly from the grantor, not by inheritance from the natural parent whose legal relationship is severed by the adoption.
Facts:
- On March 8, 1947, Lina A. Ulbright and Frank O. Ulbright executed a deed conveying property to their son, Logan Mitchell Ulbright, 'and his bodily heirs.'
- Logan Mitchell Ulbright had one natural son, Logan M. Ulbright, Jr. (the plaintiff).
- On October 4, 1950, Logan M. Ulbright, Jr. was adopted by Marion Y. Morris and Ruby N. Morris, and his name was changed to Logan Marion Morris.
- The original grantors, Lina and Frank Ulbright, died at an unspecified time.
- The heirs of the original grantors later conveyed their potential reversionary interest in the property, which eventually was transferred to Dorothy and Ralph Ulbright (the defendants).
- On February 12, 1972, the life tenant and natural father, Logan Mitchell Ulbright, died.
Procedural Posture:
- Logan Marion Morris filed an action to quiet title in the trial court against Dorothy A. and Ralph C. Ulbright.
- The trial court entered summary judgment in favor of the defendants, the Ulbrights.
- Morris, as appellant, appealed to the Kansas City District of the Court of Appeals.
- The Court of Appeals reversed the judgment of the trial court.
- The Supreme Court of Missouri then ordered the case transferred to be decided as if on original appeal.
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Issue:
Does a statutory adoption, which severs all legal relationships between a child and their natural parent, extinguish the child's contingent remainder interest to take property as a 'bodily heir' of that parent when the interest was created by a third-party deed?
Opinions:
Majority - Donnelly, J.
No, a statutory adoption does not extinguish the child's interest. An heir of the body who takes a remainder interest following a life estate does so as a 'purchaser' directly from the original grantor, not by descent or inheritance from the life tenant. The Missouri adoption statute, § 453.090, severs rights and duties between the child and the natural parent, such as the right of inheritance. However, it does not affect rights that derive from a third party, like the grantors in this deed. Because the plaintiff's interest comes from the grantors per formam doni (by the form of the gift), and not from his natural father, the adoption did not extinguish it.
Dissenting - Finch, J.
Yes, the adoption extinguishes the child's interest. The critical question is not whether the plaintiff takes by purchase, but whether he qualifies as an 'heir of the body' at the moment of the life tenant's death. This is a legal status, not merely a biological one, determined by the laws of inheritance. The adoption statute, § 453.090, expressly states that 'all legal relationships' between the child and natural parent 'shall cease and determine.' By severing this legal relationship, the adoption rendered the plaintiff legally incapable of being the 'heir of the body' of his natural father, thereby preventing his contingent remainder from vesting.
Analysis:
This decision clarifies the scope of adoption statutes in relation to long-standing principles of property law. It establishes that an adoption's legal severance primarily affects the direct parent-child relationship, particularly rights of inheritance, but does not alter the identity of a beneficiary in a third-party conveyance. The court prioritizes the grantor's intent to pass property down a biological line, treating 'bodily heir' as a descriptive term for a purchaser rather than a legal status dependent on the inheritance statutes. This ruling limits the 'legal fiction' of adoption from retroactively rewriting third-party property grants and protects expectancies created under traditional instruments like deeds creating estates tail.
