Legal Opinion · Dissent

In Re the Accounting of Thompson

Supreme Court of New Jersey

Decided February 18, 1969Published

1DissentHall, J.

I see no significant difference for present purposes between “children”, “heirs”, “issue”, “descendants” or other such generic terminology, when used in the will of a stranger to the adoption. There being no substantial evidence that the matter of adopted issue was ever considered by the testator or of any contrary probable intent on his part, the primary presumption of exclusion should control. The judgment should therefore be affirmed for the reasons expressed in my dissenting opinion in In re Coe, 42 N. J. 485, 495 (1964). To the authorities there referred *301to may be added Oler,…

2Cases cited8 opinions

  1. Middletown Trust Co. v. GaffeySupreme Court of Connecticut · 1921
  2. Ashhurst's EstateSuperior Court of Pennsylvania · 1938
  3. In re PrattNew York Surrogate's Court · 1929
  4. Miller v. WickIllinois Supreme Court · 1924
  5. In re the Estate of ConantNew York Surrogate's Court · 1932

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