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1N THE DISTRICT COURT OF APPEAL OF TIIE STATE OF FLORIDA
FOURTH DISTRICT . - JULY TERM 1976
IN RE: ESTATE OF PERRY CARLTON, )
- DECEASED. )
)
LUCY JANE CARLTON ROGERS, )
Appellant, )
)
v, - ) CASE NO. 75-1874.
ALBERTA CARLTON HAYES, RUBY )
C. TEAGUE, CHARLES H. CARL•PON, )
et al. , )
Appellees. )
Opinion filed January 14, 1977.
Appeal from the Circuit Court for St. Lucie -
County; James E. Alderman, Judge.
Robert Jackson of Law Offices of Jackson &
Clem, Vero Beach, for appellant.
Raymond E. Ford, Fort Pierce, and john T.
Brennan of Brennan, McAliley, Albury &
Hayskar, Fort Pierce, for appellees. -
SMITH, ROBERT P. , JR. , Associate Judge.
Lucy Carltion Rogers appeals from a circuit court adjudica -
lion in the Estate of Perry Carlton, who died intestate Apri14, 1970, that
Lucy, adopted daughter of the intestaoe's deceased brother Lindley, is not
an heir at taw of the Intestate. At the instance of nieces, -nephews and
others claiming through deceased nieces and nephews, the circuit court
held that Lucy's claim is foreclosed by the Supreme Court's decision In
In re Hewett's Estate, 153 Fla. 137, 13 So. 2d 904 (1943), and that legis-
~ cation expanding the rights of adopted children since 1941, the critical
date in Hewett, does not-affect .the result.l
r
c. : , prov t an a pie s cared
the child and heir-at-law of the person applying for his adoption. " In 1943
- -the Legislature added that the adapted child shalt be "entitled m all rights
and privileges o_ f a child born oo such parent or parents in lawful wed-
! ~ lock Ch 21759 $th Fla Laws 1943• as further amended X63 151 F S
1969. Further legislation in 1973 and 197.5, Which is not arguably applicable
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