In Re Trust Created by Will of Patrick

This case involves the question whether a putatively adopted son is a "descendant" within the meaning of a will.

Testator died a resident of Duluth, Minnesota, in 1949. His will, executed in 1940, left the residue of the estate to testator's wife, and upon her death in specified proportions to testator's stepdaughter and siblings, if then living, and, if not, to their respective "descendants."

Testator's brother, John Patrick, died in 1955, and testator's widow died in 1958. The trustee under the will thereafter instituted this proceeding to secure a determination of the persons then entitled…