In re the Estate of Claman

OPINION OF THE COURT

Kristin Booth Glen, S.

Hope A. Geller, as trustee of the trust for the benefit of Gladys C. Lima under the will of Henry Claman, has petitioned for a construction of article third to determine the identity of the trust’s remainder beneficiaries. This proceeding and the facts presented provide an apparently novel opportunity to limit the draconian provisions of the now repealed “precautionary addendum,” which acts to deprive certain adoptees of inheritance rights.

The testator died on July 15, 1924, leaving a will dated April 22, 1924 which divided his residuary estate into…