572 ARTICLE 16

The act 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.

See notes to sec. 80 and to art. 23, sec. 234 of Code of 1912 (see foot-note to art. 48A,
sec. 180, this Code) and art. 93, sec. 19.

This section referred to in construing act 1880, ch. 64, authorizing Nursery and Child's
Hospital to bind out for adoption children committed to it. Adoption as provided in
statute only. Legacy to "children." Zimmerman v. Thomas, 152 Md. 265, 8.

Cited but not construed in separate opinion in Lowe v. Lowe, 150 Md. 603. (See
notes to sec. 38.)

Court has jurisdiction under secs. 78-84 to pass decree of adoption where husband
and wife petition for adoption of child, with written consent of its parents, the parents
being divorced, etc. Decree will not be annulled in absence of fraud, surprise, mistake,
etc. Backus v. Reynolds, 159 Md. 603.

Aunt of deceased mother of child not entitled to adopt child over objection of
father even though not in position at time to provide home for it. Connelly v. Jones,
165 Md. 546.

Error for court to refuse respondent's offer of child (10 years old) as witness so court
could determine her intelligence and capacity to give consent to adoption. Waller v.
Ellis, 169 Md. 26.

. Child adopted under this and succeeding sections has status of natural child of
adoptive parents. Spencer v. Franks, 173 Md. 82.

Secs. 78-84 referred to in construing sec. 85. Alston v. Thomas, 161 Md. 621.

Cited but not construed in Waller v. Ellis, 169 Md. 23.

An. Code, 1924, sec. 74A. 1935, ch. 63.

79. All persons residing on property lying within the physical bound-
aries of any county of this State or within the boundaries of the City of
Baltimore but on property over which jurisdiction is exercised by the Gov-
ernment of the United States by virtue of the 17th Clause, 8th Sec-
tion of the First Article of the Constitution of the United States, and
Sections 31 and 32 of Article 96 of the Annotated Code of Public General
Laws of Maryland, shall be considered as residents of the State of Mary-
land and of the County or of the City of Baltimore, as the case may be in
which the land is situate for the purpose of jurisdiction in the Courts of
Equity of this State in all applications for the adoption of infants.

An. Code, 1924, sec. 75. 1912, sec. 73. 1904, sec. 69. 1892, ch. 244, sec. 62B.

80. 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 adop-
tion 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 circum-
stances as would entitle the petitioner to a divorce.

See notes to sec. 79.

Cited in Waller v. Ellis, 169 Md. 23.

An. Code, 1924, sec. 76. 1912, sec. 74. 1904, sec. 70. 1892, ch. 244, sec. 62C.

81. 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 peti-
tioner's estate, and the same rights of protection, education and main-
tenance as if born to such petitioner in lawful wedlock, and the natural
parent's 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 it 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 distribution if the child had been the
child of the adopted parents born to them in lawful wedlock; provided, how-
ever, that this shall not be construed to limit or interfere with the power of