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willdivorceadoption
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Warren v. Foster, 450 So.2d 786

Facts

William James Warren was the natural father of Jeremy Foster, who was adopted by Kenneth Wayne Foster and Dee Warren after their divorce. Following Warren's death while incarcerated in Mississippi, his mother, Aleine Warren, was appointed administratrix of his estate. The Chancery Court of Lowndes County ruled that Jeremy Foster was the sole heir entitled to inherit from his natural father, despite the Tennessee adoption laws that would typically divest an adopted child of inheritance rights from their natural parent.

Jeremy Foster, age ten (10) years, was born to the marriage of William James Warren and Dee Warren. Subsequently, the Warrens were divorced and Dee Warren married Kenneth Wayne Foster. They resided in the State of Tennessee and Kenneth Wayne Foster and Dee Foster adopted Jeremy Warren, whose name was changed to Jeremy Foster. William James Warren died on June 19, 1981, while incarcerated at the Lowndes County, Mississippi, jail. He was survived by his mother, father and nine brothers and sisters, who claimed to be his sole heirs at law. Warren was unmarried and Jeremy Foster was his only issue.

Issue

Whether Jeremy Foster, an adopted child under Tennessee law, is entitled to inherit from his natural father, William James Warren, under Mississippi law.

The appellant contends that the lower court erred in failing to give full faith and credit to the public acts, records and judicial proceedings of the State of Tennessee in that the Tennessee statute and final decree of adoption rendered by the Chancery Court of Shelby County, Tennessee, divesting Jeremy Foster of any right of inheritance from her natural father, are binding upon the courts of Mississippi.

Rule

The law of the place where the property is situated or the law of the decedent's domicile controls the right of inheritance when in conflict with the law creating the status.

The general rule is that the law of the place where the property is situated or the law of the decedent's domicile controls the extent or the fact of the right of inheritance when in conflict with the law creating the status.

Analysis

The court analyzed the conflict between Tennessee's adoption laws, which divest adopted children of inheritance rights from their natural parents, and Mississippi's laws, which allow adopted children to inherit from their natural parents. The court concluded that Mississippi law governs the inheritance rights in this case, affirming that Jeremy Foster, as the sole issue of William James Warren, was entitled to inherit his estate.

The court holds that Mississippi law allows an adopted child to inherit from its natural parent. The Tennessee law, Section 36–126, does not permit an adopted child to inherit from its natural parent.

Conclusion

The Supreme Court affirmed the Chancery Court's decision, holding that Jeremy Foster was entitled to inherit from his natural father under Mississippi law.

The chancellor correctly decided the question and the decree of the lower court is affirmed.

Who won?

Jeremy Foster prevailed in the case because the court determined that Mississippi law allowed him to inherit from his natural father, despite the adoption in Tennessee.

The court holds that the respondent Jeremy Foster, as the sole issue of decedent William James Warren, is entitled to inherit his estate under the law of descent and distribution of the State of Mississippi.

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