MacCALLUM v. SEYMOUR

No. 95-233.

686 A.2d 935 (1996)

Gail MacCALLUM v. Philip Seymour's Administrator, Janet SEYMOUR.

Supreme Court of Vermont.

September 13, 1996.


Attorney(s) appearing for the Case

Sandra E. Levine of Cheney, Brock, Saudek & Mullett, P.C., Montpelier, for plaintiff-appellant.

Kenneth Appel, St. Albans, for defendant-appellee.

Jeffrey L. Amestoy, Attorney General, William H. Rice, Assistant Attorney General, and Albert H. Coons, Jr., Montpelier, for intervenor State of Vermont.

Before ALLEN, C.J., GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


DOOLEY, Justice.

In this case, we are required to decide whether 15 V.S.A. § 448, which denies an adopted person's right of inheritance from collateral kin, is constitutional. We conclude that the statute violates the common benefits provision of the Vermont Constitution, Chapter I, Article 7, and reverse the summary judgment granted by the Franklin Superior Court.

The parties are sisters. Plaintiff Gail MacCallum is the daughter of Anita Murphy Seymour...

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