Matter of Best

Matter of Best (116 Misc. 2d 365, 455 N.Y.S.2d 487 Sur Ct, Westchester County [1982]), the Surrogate was faced with the question whether, in light of subdivision (2), a child adopted out of the family by a nonrelative could inherit as a member of a class of beneficiaries (i.e., "issue") identified in his biological grandmother's will. The Surrogate concluded that he could. Recognizing the jurisdictional problems presented by his interpretation of section 117 (2) as well as the risk to the confidentiality of adoption proceedings, he urged legislative study and amendment to: "Limit the adopted-out child's interest in decedents' estates to the bloodline of his adoptive parents except in those instances when a will of a biological kindred discloses in clear language an intention to distribute a portion of the estate to the adopted-out child. To continue the existing statute without amendment will give rise to litigation, delays in the settlement of estates and the distribution of property to persons not only unknown to a testator but to unintended beneficiaries" (id. at 375).