dissenting.
The single issue before this Court is whether, for inheritance tax purposes, an adopted person takes as a lineal descendant of his natural paternal grandmother after he has been adopted by a new, adoptive father. If so, his share of the decedent’s estate is taxed at a rate of six percent, see Act of June 15, 1961, P.L. 373, art. IV, § 403, as amended, 72 P.S. § 2485-403(1) (Supp.1977) rather than at a rate of fifteen percent applicable, inter alia, to persons adopted out of the decedent’s line, see Act of June 15, 1961, supra, § 404, 72 P.S. § 2485-404.
The majority, in erroneously concluding that James Sawdy takes his share of testatrix’s estate as a lineal descendant taxed at a rate of six percent, misinterprets the relevant statutory provisions and ignores the clear legislative intent to treat adopted children as removed from the natural family, enjoying the same rights as natural children in the adopting family. See drafters’ comment to Section 102(3) of the Inheritance Tax Act (defining “children” as used in the definition of “lineal descendants”) (“As to an adopted child, *427this definition conforms with the scheme of the 1947 Acts in making the adopted child the same as the natural child in the adopting family and taking him out of the natural family.” 1) Because this Court is bound by the provisions of the Inheritance Tax Act, I dissent and would affirm the orphans’ court’s dismissal of the executrix’s appeal from the Commonwealth’s appraisal based on a fifteen percent rate of tax.
As Orphans’ Court Judge Dwyer reasoned in concluding that James Sawdy is not a lineal descendant qualifying under the Inheritance Tax Act to be taxed at a rate of six percent:
“To determine whether or not the said James D. Sawdy is a lineal descendant we look to the definition of ‘lineal descendant’ in the Inheritance Tax Act.
“(13) ‘Lineal descendants’ includes children and their descendants, adopted descendants and their descendants, stepchildren, illegitimate descendants of the mother and their descendants, and children and their descendants of the natural parent who are adopted by his spouse. It does not include descendants of stepchildren, illegitimate children of the father and their descendants, or adopted children and their descendants in the natural family, except as above set forth.
1961, June 15, P.L. 878, Art. I, § 102, as amended; 72 P.S. § 2485-102(18).
“The word ‘children’ in the above definition is defined as including ‘adopted children’. 1961, June 15, P.L. 373, Art. I, § 102; as amended, 72 P.S. § 2485-102(3).2
*428“Combining the definitions above we see that Section 13 defining ‘lineal descendants’ would mean the following: That it includes children, adopted children and their descendants, but that it does not include adopted children and their descendants in the natural family.
“Interpreting this definition it appears that the first sentence includes in the definition ‘adopted children and their descendants’ and that the second sentence excludes ‘adopted children and their descendants in the natural family.’
“The two sentences seem to contradict each other, but it must be that the Legislature intended that children adopted into the decedent’s family are to be considered as ‘lineal descendants’ for inheritance tax purposes and by the second sentence the Legislature intended that children adopted out of decedent’s family are not to be considered as lineal descendants for inheritance tax purposes. This is the only possible meaning that can be given to the definition in order for it to make any sense.
“We adopt this as the meaning of ‘lineal descendants’ in this Act, and since James D. Sawdy was adopted out of decedent’s family in 1947 we must dismiss the Appeal of the Executrix from the Appraisement of the Commonwealth.” 3 (emphasis added.)
I would affirm the orphans’ court on the basis of that court’s opinion.
. See Grossman and Smith, Pennsylvania Inheritance and Estate Tax, Article IV, Rate of Tax, p. 14.
. 72 P.S. § 2485-102(3) defines “children” as including “adopted children, stepchildren, illegitimate children of the mother, and the children of the natural parent who are adopted by his spouse. It does not include illegitimate children of the father or adopted children in the natural family, except as above set forth.”
See drafters’ comment to this section, supra in text.
. This reading of the statute accords with Grossman and Smith, Pennsylvania Inheritance and Estate Tax, § 403-2.7 which provides:
‘‘Adopted children. 1961 § 102(13) defines ‘lineal descendant’ as including ‘children.’ 1961 § 102(3) includes adopted children within the definition of ‘children’ of the adopting parent (and of the natural parent whose spouse adopts them). This result conforms with the prior law. Adopted persons are not Class A (lineal) descendants of their natural parents other than a natural parent whose spouse adopts them: 1961 §§ 102(3) and (13). This result is a departure from prior law.”
This discussion appears in the chapter surveying the rate of inheritance tax.