Schaefer v. Merchants National Bank of Cedar Rapids

STUART, Justice.

The ultimate question for our determination is whether Eleanor Putnam Sewall (who was adopted by Charles Butler Keeler, the beneficiary of inter vivos and testamentary trusts, thirteen years after the execution of the trust instruments and nine years after the death of the settlor-testatrix) was intended by said settlor-testatrix to be included in the gift to the class denominated in the trust instruments as “direct heirs” of the beneficiary. The trial court held such adopted person was not within the contemplation of the settlor-testatrix when she executed the trust…