Franklin v. Gilchrist

Mrs. Booker T. Washington had been previously married and divorced, having had two sons during the marriage, Napoleon and Hershey Franklin (the Franklins) (plaintiffs). Mrs. Washington then married Mr. Washington, and the Franklin children lived with the couple. No other children were born to the Washingtons, and the Franklins rarely saw their biological father before his death. However, Mr. Washington never formally adopted the Franklins. Mrs. Washington predeceased Mr. Washington, who left no will when he died. Mr. Washington’s sister, Dorothy Gilchrist (defendant) sought to be appointed administratrix of his estate. The Franklins filed a caveat, claiming that Mr. Washington had virtually adopted them and, therefore, one of them should be appointed to administer his estate and they should inherit the entirety of it. The probate court denied the caveat, and the Franklins appealed. The superior court held a jury trial, and at the close of the Franklins’ evidence, the court granted Gilchrist’s motion for a directed verdict on the ground that there was insufficient evidence of an agreement to adopt. There was no evidence that the Franklins’ biological father had agreed to their adoption by Mr. Washington, nor was there evidence to account for the failure to obtain the biological father’s consent prior to his death. No evidence was introduced regarding an agreement between the Franklins’ mother and Mr. Washington concerning their adoption. The Franklins appealed.