Hopkins v. Hopkins

Headnote

Real 'property — descent — adopted child not heir at law of brother of deceased foster father who died leaving a brother and sister his only blood relatives surviving.

Hopkins v. Hopkins, 202 App. Div. 606 , affirmed.

Appeal from a judgment, entered September 14, 1922, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. On October 27, 1899, Benjamin W. Hopkins and his wife adopted the plaintiff. In 1910 Benjamin W. Hopkins died intestate, leaving no descendants other than the adopted daughter. On March 4, 1920, Harrison L. Hopkins, a brother of Benjamin W. Hopkins, died intestate, leaving him surviving a brother and a sister, his only blood relatives, heirs at law and next of kin. The adopted daughter of Benjamin brought this action to partition certain lands in which the said Harrison had an undivided one-fourth interest at the time of his death, claiming

she was an heir of Harrison. The trial court so held and directed judgment accordingly. The Appellate Division reversed the decision of the trial court and dismissed the complaint.