Writ of Entry. Elizabeth Mace, who died in 1894, devised the demanded premises to her two daughters, Loener and Nellie. Loener married Robert T. Batchelder and died intestate in 1914, leaving Robert and a son, Jabez, surviving her. Later, Nellie adopted Jabez and Robert conveyed his interest in the demanded premises to her. Nellie died in 1919, leaving a will by which she gave the land in question to Jabez. Jabez died soon after, under age.
Decided 1921-05-03
Young, J.
¶1
The test to determine who is entitled to judgment is to inquire who would have been entitled if there had been no decree of adoption, for P. S.,
c.
181.
s. 5,
provides that if an adopted child “dies under age or intestate, leaving property received by gift or inheritance from his natural kindred, such property shall be distributed as if there had been no decree of adoption.”
¶2
The demanded premises were given to Jabez by one of his natural kindred, and if there had been no decree of adoption, they would have vested in the defendant at Jabez’s death. P. S., c. 196, s. 1; Laws 1903, c. 74.
