Wallin v. Torson

Defendant appeals the order of the Ottawa County Circuit Court reversing the probate court’s determination that defendant is included in the term "issue” as used in the will of defendant’s maternal grandmother Elizabeth W. Wallin. The probate judge also declared invalid a disclaimer executed by defendant in which he disclaimed any interest in the now disputed portion of Elizabeth Wallin’s estate. The circuit judge did not rule on the validity of the disclaimer.

We address two issues:

1. Did the probate judge err in ruling that defendant, who was adopted ten years prior to the date of his…