Estate of Hannan v. Glover

523 N.W.2d 672 (1994)

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Estate of Hannan v. Glover

Nebraska Supreme Court
523 N.W.2d 672 (1994)

MP

Facts

James Hannan, who was one of five children of Janet Hannan, adopted his wife’s 35-year-old daughter, Glover (plaintiff). James died in 1977, leaving no children except Glover. Janet, a resident of Virginia, died in 1982, leaving a will that divided her property equally between her living children and the “issue” of any of her deceased children per stirpes. Janet’s estate was administered in Virginia, where Glover petitioned the court for a determination that she was an issue of James and entitled to a share of the estate. Ultimately, the Virginia Supreme Court held that under Virginia law, “issue” did not include adopted children. In an ancillary probate proceeding in Nebraska involving Nebraska real property, the probate and district courts found that they were not bound by Virginia law and held that under Nebraska law, “issue” included adopted children and Glover was entitled to a share of Janet’s Nebraska property. The Nebraska Court of Appeals reversed and held that despite Nebraska public policy to include adopted children in the definition of “issue,” the presumed intent of Janet was that she subscribed to the Virginia definition because that was her state of domicile when she made her will. Glover appealed.

Rule of Law

Issue

Holding and Reasoning (Fahrnbruch, J.)

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