Miller v. First National Bank & Trust Co.

MR. JUSTICE ANGSTMAN:

This appeal presents the sole question as to whether an adopted son is “issue” and as such entitled to a legacy passing by the will of testatrix to her son and his “issue.” The trial court answered in the negative. This appeal by the adopted son followed.

The facts are these: Maude W. Miller left a will dated November 7, 1945, which after making specific bequests to desig*356nated persons, gave the residue in trust to her sons Thomas B. Miller and George Ross Miller and the First National Bank & Trust Company of Helena.

The trust in substance, and so far as this ease is…