Wilson

This is an action in equity to recover a portion of the estate of Marian S. Wood, deceased, on the theory that the deceased and her husband contracted with plaintiff and her father to give to plaintiff a one-third vested interest in the property of the estate.

The facts of the ease are that in 1874, in the state of Michigan, the deceased and her husband agreed with the father of the plaintiff, who was then a girl of three years of age, that they would adopt the plaintiff as their own child under the statutes then in force in that state. A written agreement of adoption was executed by the parties in which it was recited that the deceased and her husband intended to make said child their heir and that they would adopt her as their own child and heir. This agreement was approved by the probate court, and on the first day of February, 1875, the order of the court was entered citing the terms of the agreement and decreeing that the name of the plaintiff was thereby changed to Amy Wood and that she was thereafter entitled to all the rights of heir at law of the adopting parents. She was thereupon taken into the home of the Woods and lived with them as their daughter continuously until…