DESCENT OF HEIRS.
The bill [H. R. 30] to amend Section 8 of an aot regulating descent of heirs, approved March 2, 1855, was read the third time.
Mr. JEWETT stated that when he examined the bill it appeared to him that the bill had been drawn for a particular case. He meant no offense by such a statement. He believed that it wax unnecessary legislation; that we are trying to do by legislation what the parents can do at present by their own action if they desire.
Mr. FRAZER explained that under the present law if a person adopt a child and then die, that the property went to the adopted child. He con page: 183[View Page 183]sidered this proper and as it should be, but he did not think it proper if that adopted child died without children, that this property should go to the family of the adopted child. He thought that the estate should revert to the family or the relatives of the person who had adopted the child. Mr. Frazer cited a case where a child was adopted and the person who adopted the child died. The adopted child died soon after and the mother of the child came in afterward and sued for and recovered from the persons who held the estate several thousand dollars, and who were the proper heirs. He argued that where the adopted child died without wife or without husband or children, then the property should go back to the family or relatives of the person who adopted the child.
Mr. STEWART thought that if a family adopted a child, thus making it their own, it should have all the rights and privileges of an own child. People generally adopt a child with the understanding that that child may inherit their property, and it would not be just to take from them this right.
Mr. WILSON, of Marion, thought that, under the present law, a person who adopted a child was adopting the whole family. Mr. Wilson cited a case similar to that cited by Mr Frazer: Where an adopted child died and its mother came in and brought suit for the property that would have fallen to the adopted child had it not died. He thought the bill was a wise one, and favored its passage.
Mr. ADAMS and Mr. GIBSON favored the pass- age of the bill.
The bill passed by yeas, 73; nays, 11.
