Hyman v. Glover

In this appeal, we must construe the will of Janet McClymont Hannan who made certain bequests using the word “issue.” The question for decision is whether the word “issue,” as used by the testatrix, includes an adopted child.

The will was executed on March 13, 1977. It provided in pertinent part as follows:

I direct my Executrix to divide [my estate] into as many equal shares as there shall be children, me surviving, plus the number of my children predeceasing me but leaving issue me surviving, and I give, devise and bequeath one of such shares to each of my children me surviving and one share…