Commerce Trust Company v. Duden

SOMERVILLE, Presiding Judge.

The co-trustees of an inter vivos trust, insofar as pertinent to this appeal, brought a declaratory judgment action seeking judicial determination of the intent of the settlor with respect to certain language employed in the trust agreement. The case is one of first impression in this state since the junctional issue is whether a child of one of settlor’s sons who was lawfully adopted by another person was intended by the settlor to be included in a class described as “natural and adopted children”.

The trust instrument in question was executed on April 29, 1963, by…