Hines v. First National Bank & Trust Co. of Oklahoma City

KAUGER, Justice.

The dispositive question presented is whether an adopted grandchild falls within the definition of “issue” in a will which provides:

“In the event that any of my children predecease me that part given to such child shall be given ... to that issue of such deceased child.”

The trial court held that the term issue did not include adopted lineal descendants. We find that the Uniform Adoption Act, 10 O.S. 1981 § 60.16(1), (Act) dictates a contrary result.

Sheryl Hines (appellant) was adopted as an infant by Edith M. Giblet (deceased) on August 24, 1950. Mary Anne Wullich,…