Conkle v. Conkle

This case calls for a determination of whether two children adopted by a testator’s children are to be included in a post-1951 testamentary class gift to his ‘living grandchildren.' ’

One adoption took place, to testator’s knowledge, more than two years prior to his re-publication of his will — by codicil. This adoption is thus removed from the “stranger to the adoption” rule which was derived from cases all of which involved adoptions subsequent to the execution of the will. Moreover, the other language of the will, coupled with the “surrounding circumstances,” referred to in appellant’s…