In Re Maloney Trust

The issue presented by this case is whether the subject trust instrument evidences an intention of the settlor to exclude adopted grandchildren from the class of beneficiaries. The probate court and Court of Appeals concluded that adopted grandchildren were excluded. We disagree, and reverse.

I

Jane Gilmore Maloney, the settlor, created an irrevocable inter vivos trust on December 29, 1964, designating it as the "Jane Gilmore Maloney *636Grandchildren’s Trust, dated December 29, 1964.” It provided that until February 1, 1975, the income from the trust would be distributed to public bodies or…