Monroney v. Mercantile-Safe Deposit & Trust Co.

The principal question presented in this will construction case is whether the appellant takes a remainder under his paternal great-aunt’s trust which is to be distributed to the "children” of his natural father. The appellant had been adopted by his stepfather prior to the death of the testatrix. After her death, but prior to the time of trust distribution, Maryland’s intestacy laws were changed to exclude inheritance by adopted persons from their natural relatives. For reasons hereinafter set forth, we shall hold that the appellant takes the remainder.

The testatrix is Edna Kenly James…