In Re the Trust Under Deed of Tracy

OPINION OF THE COURT

ROBERTS, Justice.

In November 1944, Dr. Stephen Tracy (settlor) established a revocable inter vivos trust. It provided that income be paid to settlor and his wife for the remainder of their lives; after their death, the income was to be paid, in equal shares, to settlor’s children, Margaret Tracy Ritteman and Stephen Tracy, Jr. Upon the death of either child, “the share of such child shall be paid over to his or her issue per stirpes.” The question presented in this case is whether the natural daughter of Stephen Tracy, Jr. (Stephen Jr.), who was adopted by one unrelated to…