CHANCERY 573
disposition over such property by gift, grant, devise, bequest or otherwise
by said adopted child.
Neither by virtue of this section nor of sec. 83 is a child adopted by "A" under sec. 78,
entitled to take under a will whereby certain property is left to the testatrix's son "A"
for life and after his death to his children equally, and if there are no children then to
"the right heirs" of the testatrix. Eureka Life Ins. Co. v. Geis, 121 Md. 199.
This section referred to in holding that an illegitimate child was not entitled to
workmen's compensation benefits—see notes to art. 101, sec. 80. Scott v. Independent
Ice Co., 135 Md. 350 (decided prior to the act of 1920, ch. 456).
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.
Cited but not construed in Victory Sparkler Co. v. Gilbert, 160 Md. 184.
See notes to sec. 79.
Cited in Waller v. Ellis, 169 Md. 23.
See notes to sec. 78.
An. Code, 1924, sec. 77. 1912, sec. 75. 1904, sec. 71. 1892, ch. 244, sec. 62D.
82. If the petition contains a prayer to that effect, the court may also
decree that the name of the child be changed.
As to proceedings for change of name, see sec. 118.
See notes to sec. 79.
An. Code, 1924, sec. 78. 1912, sec. 76. 1904, sec. 72. 1892, ch. 244, sec. 62E.
83. The term "child" or its equivalent in a deed, grant, will or other
written instrument shall be held to include any child adopted by the person
executing the same, unless the contrary plainly appears by the term thereof,
whether such instrument be executed before or after the adoption.
See notes to sec. 79.
See notes to sec. 81.
An. Code, 1924, sec. 79. 1912, sec. 77. 1904, sec. 73. 1892, ch. 244, sec. 62F.
84. Any inhabitant of any other State adopted as a child in accor-
dance with the laws thereof shall upon proof of such fact be entitled in this
State to the same rights of inheritance and distribution as he or she would
have enjoyed in the State where adopted except in so far as they may con-
flict with the provisions of the five preceding sections.
See notes to sec. 79.
Child adopted under this and preceding sections has status of natural child of
adoptive parents. Spencer v. Franks, 173 Md. 82.
An. Code, 1924, sec. 80. 1920, ch. 573, sec. 77A.
85. The several equity courts of this State shall have original jurisdic-
tion in all cases relating to the custody or guardianship of children and
may on bill or petition filed by the father or mother or relative or next of
kin or next friend of any child or children to direct who shall have the
custody or guardianship of such child or children, and who shall be charged
with his, her or their support and maintenance, and may from time to time
thereafter annul, vary or modify its decree or order in relating to such
child or children, provided that nothing herein contained shall be construed
to take away or impair the jurisdiction of the several Juvenile Courts
in this State and of the Juvenile Court of Baltimore City in cases re-
lating to dependent or delinquent children, or be taken or construed to
repeal or modify the provisions of Section 21 of Article 42 of the Code of
Public General Laws.
Where a wife has ample means of her own alimony pendente lite will not be awarded,
although there are infant children; this section inapplicable. Hood v. Hood, 138 Md. 362.
The power conferred on equity courts by this section should be exercised with para-
mount purpose of securing the welfare and promoting the best interest of the children.
Barnard v. Godfrey, 157 Md. 265.
|