VYA V ASTH A. 1) ARPAN A. {}58 Túore was no dispute as to the eligibility of this boy. 14 might have been alopted by 1. obinuraen himself, but not as th son of Bhugohuttee, who was his first cousin, The Master reported in favor of the first willow, and the Court confirmed his report : not. ; : on a c triction of its having b: on right, but because it was not opposed, and because it did not opear that the third widow ought to have been preferred. I n *»st was , h. gro:i:s 1 up yn whieh th • objeetion rested in eaeh cáse --;ind it would i» ão. 1:J to s v that a n i.1 m oht h : th adopting father of a sister's son, yet that a woman could not receive th s on of h or un be in a lops toa. If the latter case thiy be said to have been decided,
- he former must be admitted to have been overruled.
I can affirm ' th , wii de pro · · ·ilings having taken pla», un ler the will of Luckinaraen ) ; : ... ' ' (' , tr., w is in 'in i to profor Boi o 'o'; ... to either of the other widows, and would have , or ol, if it h til not been doin that she was disqualified by her relationship to the child. {{ 1, 1:kin'ira 1 h id in on relat od, as Bhur buttee was, to the child in question, it is not said to , it him, li could have a looted it, or that it could have been adopted as his after his death. 'I at , 14:11, araon might have alop!" this child, related as it was to Bhugobuttee, is admitted— but does it follow that he could have adopted as hers ? I do not assum any thin ; when I say that Bhugohutter could not, after the death of l, kinara on, roore this child as his ; if he, in his life time, could not have adopted it as his by * ... The child, being a lopto after Lackinarien's death, is adopted as his to all intents and purposes, as it would have been, had the adoption been made in his life time by himself; and the widow, who receives a child alopted after her husband's death, is in relation to the child, exactly as a wife would have been to one who had been adopted as hers, by her husband in his life time Ti,,, ,,,„, stion fli »n is this — gonlil Taraconomar Surinono have been adopted a8 the son of Luekinarivem and Bhug, buttee - It appears to me that, for the purpose of qualifying him to adopt this boy as hers, or for the purpose of qualifying her to re-core it after the death of her husband as his, we must go the length of donyin: th of the prohibition is founded upon natura/ relationship, or make it evident :h it incoat is permitted as to females, although prohibited as to males. It is upon natural relationship alone, that the restraint is placed. The boy is supposed to have been horn of the rufo, or the widow by whom he is receirod in adoption ; could he then have been begotten without incest by the man whose child he naturally is, upon the woman who receives him in adoption ? This must be the criterion, unless we discard the principle as it may affect females. Unloss we say that a woman may guiltlessly be the m ther of a chi! ! by her uncle, although a man can not, without crime, be the father of a child by his aunt. Viewing the case in this light, and admitting that the individual might have been adopted *... I, a kinaraon himself, or by his widows in pursuante of his will ; I am satisfied tha'. Bäng butter could not, either in the life time of her husband, or after his death, have received this boy, as his mother, in adoption.—Cons. H. L. pp. 166–174.
