Paula Browning was born out of wedlock to Lawrence Hutchison in 1919. Two years later, Hutchison legally adopted Paula, and the following year he married Marian Gibson. Although Marian never adopted Paula, she raised Paula as her own child. Marian died in 1986. Marian''s sister, Eleanor Hamilton, died intestate in 1990, leaving an estate of $394,406. At the time of her death, Ms. Hamilton had no known blood relatives. The Board of Education of Montgomery County claimed that it was entitled to Ms. Hamilton''s estate pursuant to Maryland''s escheat laws. Paula sought a declaration that she was Ms. Hamilton''s heir through Marian, Paula''s "equitably adopted" mother, and that she was entitled to inherit Ms. Hamilton''s estate.
The concept of "equitable adoption" permits individuals to circumvent the statutory adoption procedures for certain limited purposes, although the child does not attain the status of a legally adopted child. Paula asserted that since it is well settled that she could inherit from Marian, she also should be permitted to inherit through her.
The court disagrees, noting that the doctrine of equitable adoption is based on contract law. Because Ms. Hamilton was not in "privity" with Marian and Paula with regard to the adoption contract, then Ms. Hamilton cannot be bound by it, the court holds. Accordingly, the court dismisses Paula''s claim, and Ms. Hamilton''s estate is awarded to the Montgomery County Board of Education.
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