WILL CASE

Evening Star, Issue 24296, 10 September 1942, Page 4

WILL CASE

ADOPTED SON’S STATUS (P.A.) WELLINGTON, Sept. 10. The question of the right of an adopted sou to take benefit under a will is being argued in the Appeal Court today in the case of Harold Ewert Holmes, of Napier, insurance inspector, against the Public Trustee and Phyllis Aseuath Eagles, of Petoue, married woman. The mattoh arises out of the estate of James Hawkin Jackson, retired hotelkeeper, who died on December 27. 1918, leaving his residuary estate to his daughter, Nina Mary Holmes, during her lifetime, and after her death to such of her children as attain the age of 21. The will was made on December 13, 1912, and on September 25. 1914, the daughter, who had one child, now Phyllis Asenath Eagles, adopted the appellant, Harold Ewert Holmes, under an order made by a stipendiary magistrate. In a subsequent Supreme Court case Mr Justice Smith held that, by virtue of an adoption order, the adopted child is deemed in law the child of the adopting parents. Nevertheless, section 21 of the Infants Act, 1908, imposes a specific restriction on the right of an adopted child to take property in the same way as the natural children of the adopting parent. Here, as the will which contained the gift for the daughter’s children was made prior to the adoption order, and the codicils subsequent to the order did not refer further to Ihe gift, Mr Justice Smith held that the claim ' of the adopted son was baved From this judgment the appeal is made, and argument is proceeding today.