Thomas v. Trust Co. Bank

Marshall, Justice.

This case involves an inter vivos trust which was established in 1928. Under the trust agreement, the lifetime income beneficiary is the settlor’s son, and the remaindermen are “the children born or to be born” of the son. When the trust was established, the settlor’s son was married, and there was one child born of this marriage. However, the son subsequently divorced, and he and his new wife adopted two children. The trust terminated at the son’s death in 1979. This suit was brought by the trustee for direction concerning the question of whether the two children adopted by…