ART. 16] INFANTS. 371

original decree was passed had been in strict conformity to the require-
ments of law.

This section, so far as it attempts to validate decrees passed without juris-
diction, is unconstitutional and void. Roche v. Waters, 72 Md. 264.

This section referred to in contrasting section 57, et seq., with section 228.
Xewbold v. Schlens, 66 Md. 588.

1904. art. 10. sec. 68. 1892. ch. 244. sec. 62 A.

72. The several equity courts of this State, upon the application of
any person residing in the city or county where such application is
made, shall have power to pass a decree declaring any minor child the
adopted child of the petitioner, upon such reasonable notice to the
parent or parents, guardian or guardians, of such child, if any there be,
by summons, order of publication or otherwise, as the court may order
to be given, provided that the court passing the decree shall become
satisfied, upon careful investigation, that the best interests and welfare
of such child will be thereby promoted, and provided further, that the
child, if of sufficient intelligence and capacity to give an understanding
assent shall so desire.

This and the following sections referred to in dealing with an attempt to
adopt an adult. Killers c. Taylor. 108 Md. 150.

The net of 1892. ch. 244. providing for the adoption of children In Maryland
and giving them certain rights, having been passed after the decedent's death,
an adopted child was held to have no interest in a fund in controversy.
Fisher v. Wagner. 109 Md. 247.

Ibid. sec. 69. 1892, ch. 244, sec. 62 B.

73. The husband and wife may file a petition jointly praying the
court to decree the adoption by them jointly of any child, but no decree
of adoption shall pass where the petitioner is a married person unless
it be shown that the husband or wife of the petitioner consents to the
adoption, or is hopelessly insane, or that the parties are living apart
under such circumstances as would entitle the petitioner to a divorce.

Ibid. sec. 70. 1892. ch. 244. sec. 62 c.

74. The effect of such decree of adoption shall be to entitle the
child so adopted to the same rights of inheritance and distribution as
to the petitioner's estate, and the same rights of protection, education
and maintenance as if born to such petitioner in lawful wedlock, and
the natural parents of such child shall be freed from all legal obligation
towards it, provided that where such child inherits property from its
adopted parent or parents, upon its dying intestate without issue the
property thus inherited shall descend and be distributed to the same
persons who would take the same by inheritance and in course of dis-
tribution if the child had been the child of the adopted parents born
to them in lawful wedlock; provided, however, that this shall not be
construed to limit or interfere with the power of disposition over such
property by gift, grant, devise, bequest or otherwise by said adopted
child.

See notes to sec. 72.