Callan v. Winters

The plaintiff, John M. Callan, as executor of the estate of Hattie L. Wilby and trustee of a trust established under her will, brought a complaint for declaratory judgment seeking a determination whether certain adopted children 2 are entitled to share in the distribution of the trust. See Billings v. Fowler, 361 Mass. 230, 233-234 (1972) (complaint seeking declaratory relief may be utilized to same effect as traditional petitions for instructions). A judge of probate held that the adopted children are so entitled. The natural child appealed. 3 We transferred the case to this court on our own…