Whitfield v. Matthews

This appeal is taken by the guardian ad litem from a judgment construing a provision of an intervivos trust created by L.B. Whitfield, Jr., for the children of his two sons.

The trustee, John R. Matthews, Jr., filed a bill seeking a construction of the trust as to whether Vanda Whitfield, adopted daughter of L.B. Whitfield, III, falls within the clause "children now or later born to my son L.B. Whitfield, III," as it appears in the trust instrument.

The trial judge ruled that "Vanda Whitfield is a child of L.B. Whitfield, III, entitled to the benefits of a child born of L.B. Whitfield, III,…