In Re the Estate of Fisler

The opinion of the court was delivered by

Heher, J.

We are in accord with the conclusion of the learned Vice-Ordinary that Barnard Lorence, the adopted child of the testatrix’ great grandniece, Alice Keeler Lorence, is not entitled under the will to share in the trust corpus in substitution for his mother as her “lawful issue.” The opinion in this behalf is well-reasoned and altogether sufficient.

While ever controlled by the context, the word “issue” signifies, prima facie, “heirs of the body;” and the statute ordains that an adopted child “shall not be capable of taking-property expressly…