Evans v. McCoy

This case involves whether adopted adults are "issue” under a will effective before the general adoption statute provided for adult adoptees. At stake is a farm devised to the testator’s children, none of whom had natural offspring. The devise is in fee, determinable "[i]n the event all of [the testator’s] children ... shall die without leaving issue living at the time of their death. . . .” The surviving child made the adoptions late in life, as a step in her sale of the farm. Those who would take the gift over claim that the adoptions do not avoid the condition of defeasance and that the…