Williams v. Ward

Opinion

DEVINE, P. J.

This case presents a question of interpretation of a will: whether the testator in describing children of the life tenant meant to include persons who as adults were adopted by the life tenant. The testator, John Russell, died in 1930, leaving a daughter, Crystal E. Russell, who was 37 years old, single and had no children. The daughter had undergone surgery which made it “questionable” whether she could ever bear children. The testator knew of his daughter’s problems and had arranged for and paid for the surgery. In his will, the testator devised real property to his…