Chambers Estate

*28Dissenting Opinion

by Mr. Chief Justice Bell:

Is a child adopted by the testator’s daughter after the death of the testator entitled to receive income from his testamentary trust which, after his daughter’s death, he bequeathed to her children, “if any”?

James B. Chambers, the testator, died on May 6, 1938, leaving a mil dated December 12, 1930. He was survived by his widow and one child, his daughter, Hazel Chambers McGill. Hazel was born November 1, 1892, and was married to James S. McGill on December 29, 1917. Hazel had no natural children, but in 1929, over a yew before Chambers executed his…