62 CHANCERY. [ART. 16

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.

1892, ch. 244.

62 B. 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.

62 v. The effect of such decree of adoption shall be to entitle
the child so adopted to the same rights of inheritance and dis-
tribution as to the petitioner's estate and the same rights of
protection, education and maintenance as if born to such peti-
tioner 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 distri-
bution 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.

Ibid.

62 D. If the petition contains a prayer to that effect the court
may also decree that the name of the child be changed.

Ibid.

62 E. The term "child" or its equivalent in a deed, grant, will
or other written instrument shall be held to include any child