Anderson v. BNY Mellon, N.A.

In 1941, Anna Child Bird (Anna3) executed a will with a testamentary trust that benefited her son, her grandsons, and their issue; Anna died in 1942. At the time the will was executed, G. L. c. 210, § 8 (§ 8), a statute prescribing a rule of construction for certain types of instruments relating to inheritance, provided that unless the contrary “plainly appealed] by the terms of the instrument,” an adopted child was excluded from the definition of “ ‘child,’ or its equivalent” unless the child had been adopted by the person creating the testamentary instrument. In 1958, § 8 was amended (1958…