In re Estate of Evans

Upon the hearing of the petition for the distribution of the estate of Samuel W. Evans, deceased, a contest arose as to the right of Hattie Evans to inherit as a child of said deceased. Her status as such child is dependent upon the validity of certain adoption papers, she claiming to be the adopted child of deceased by virtue of these papers. The trial court declared her *564 legally adopted, and entitled to a child’s share of the estate, and this appeal is prosecuted from such decree.

As appears by the findings of fact, when Hattie Brown was about nine years of age, she became an orphan, and was taken to the household of Samuel W. Evans and wife; that within a few months thereafter said Evans and his wife Ellen, in company with said Hattie, all being residents of Tulare county, came before the judge of the superior court of said county, at the courtroom thereof, and thereupon said Evans executed an agreement of adoption in the following words:

The findings further state that upon the aforesaid agreement of adoption Ellen M. Evans, the wife of Samuel W. Evans, attached her written consent to the adoption of said Hattie; that the judge examined said Evans and his said wife…