In re the Estate of Lawrence

Nathan R. Sobel, S.

This construction proceeding raises the recurring problem of the effect of the "precautionary addendum” on the rights of an adopted child — in this case a great-grandchild of testator — to take under a class disposition to "issue.”

The history and purpose of the precautionary addendum is later discussed. At the date of death of this testator (1929) it was included in section 114 of the Domestic Relations Law which after providing for the right of inheritance between "foster” parents and "foster” child (the new statutory terms are "adoptive” parents and "adoptive” or…