Estate of Wilson

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 244 OPINION Following the intestate death of Helen Alma Wilson, respondent Keith C. Wilson (hereafter Keith) under the doctrine of "equitable adoption" was judicially declared entitled to succeed to her estate. A sister of decedent and a sister of her predeceased husband, who, among others, would otherwise have been entitled to inherit, have appealed from the judgment. (1a) The principal issues of the appeal may be stated as: (1) Is the doctrine of equitable adoption to be found in the law of California (see discussion generally, 2 C.J.S., Adoption of Persons, § 32, pp. 446-447), and (2) if so, was there substantial evidence supportive of its application in favor of Keith? We conclude for the reasons we now state that the two questions must be answered affirmatively. It was said in Estate of Grace (1948) 88 Cal.App.2d 956 [ 200 P.2d 189 ]: "`[C]ourts, in their effort to protect and promote the welfare of the child, have given effect to a contract to adopt, where it has been fully performed on the part of the child, although it was invalid under…