Estate of McCallen

Opinion

TAMURA, J.

Decedent (M. M. McCallen) left a will in which he declared it was his intention that his children share equally in one-half of the residue of his estate and that their children share per stirpes in the remainder. The will directed distribution of the residue in trust to carry out the testator’s intentions. Decedent left four children, one of whom had three children at the time the testator died, but later adopted a fourth child. The ultimate issue presented by this appeal is whether the adopted child is entitled to take as a beneficiary under the testamentary trust.

The…