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Article
The Stranger-to-the-Marriage Doctrine: Judicial Construction Issues Post-Obergefell
UF Law Faculty Publications
  • Lee-ford Tritt, University of Florida Levin College of Law
Document Type
Article
Publication Date
1-1-2019
OCLC FAST subject heading
Estates (Law)
Disciplines
Abstract

This Article tracks the evolution of inheritance law for adopted children and suggests that courts use construction approaches that worked in the context of a new understanding of the parent-child relationship as a guide to construing wills in the context of changing social and legal definitions of the martial relationship. In this regard, Part II offers a brief overview of pertinent construction doctrines. Next, Part III summarizes the history of inheritance law for adopted children. Finally, Part IV draws an analogy between the stranger-to-the-adoption doctrine and an approach to inheritance law for same-sex spouses that this Essay calls the "stranger-to-the-marriage" doctrine and posits that the stranger-to-the-adoption doctrine provides insight by this analogy. Finally, Part V concludes.

Citation Information
Lee-ford Tritt, The Stranger-to-the-Marriage Doctrine: Judicial Construction Issues Post-Obergefell, 2019 Wis. L. Rev. 373 (2019)