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eBook details

• Title: Charles E. Schroeder & Another v. James
• Author : Appeals Court of Massachusetts
• Release Date : January 07, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Trust, Interpretation, Construction, Adopted child. Words, ""Children of the body,"" ""Issue."" PORADA, J. The trustees of three inter vivos, irrevocable trusts created in 1953 filed a complaint for instructions with the Probate and Family Court to determine whether the words ""children of the body"" of the settlor's children included the adopted grandchild of the settlor and whether the word ""issue"" included the adopted issue of the biological grandchildren of the settlor in those trusts. All the living biological issue of the settlor filed a motion for summary judgment on the ground that the use of these phrases evinced an unambiguous intent to exclude adopted grandchildren and adopted issue. The Probate Court Judge concluded that the settlor never considered the question raised in the complaint. He, therefore, considered the matter governed by G. L. c. 210, § 8, and applied the statutory presumption that a settlor who used the word ""child"" or its equivalent in a trust instrument intended to include his own adopted children but that a ""stranger to the adoption"" did not intend to include adopted children by use of those terms unless a contrary intent plainly appeared in the instrument. 3 Since there was nothing in the three trusts to indicate that adopted children were to be included as ""children of the body"" or ""issue,"" the Judge ruled that they did not take under the trusts and allowed summary judgment. The adopted grandchild and the guardians ad litem appointed for the biological issue and the adopted issue of any adopted grandchildren 4 filed this appeal. A cross appeal was filed by the guardian ad litem appointed for the adopted issue of the settlor's biological grandchildren. Although on somewhat different grounds than those relied on below, we affirm the judgment.

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