Mooney v. Tolles

I am obliged to dissent from the opinion of the majority in its holding that the adopted daughter of Sheldon, the son of the. testatrix, is included among his “lawful children” and if he leave none to the “lawful issue” of her son King as provided in articles second and ninth of the will of the testatrix, and in its holding that the adopted daughter of Sheldon is included among the children of “my sons Sheldon and King” as provided in article third of her will. The determination of whether the adopted daughter was intended to be included by the testatrix among the “lawful children” or “the…