In re the Second & Final Accounting of Hanover Bank

John D. Bennett, S.

In this accounting proceeding a construction is sought of the words 11 surviving lawful issue of my said son ”, to determine whether that phrase includes an adopted grandson as a remainderman of a trust created by paragraph Tenth of the will. If not, a surviving natural grandchild is entitled to the entire remainder.

The salutary rules employed in the determination of construction proceedings are designed to avoid their assuming the coloration of Bardell v. Piokwick. One such rule is that where, as here, the will is meticulously drawn by an obviously skilled draftsman, the…