Cross v. Perry Cross

In April 1984, decedent Mary M. Cross died, leaving her estate in trust and granting her son David Cross a testamentary power of appointment to distribute the estate under his will to a “descendant” of Mary. In May 1984, David adopted an adult, defendant Gilbert L. Perry Cross, as his son and executed a will exercising his power of appointment in favor of defendant as the grandson and “descendant” of Mary. In March 1985, David died. Plaintiffs John and Mark Cross, Mary’s nephews by marriage, filed this action seeking a declaration that they, and not defendant, are the current beneficiaries of…