McClain v. Taylor

We granted certiorari to review the Colorado Court of Appeals’ decision in In re *1318Estate of Jenkins, 890 P.2d 188 (Colo.App.1994), a ease brought by James T. McClain (“McClain” or “James”) claiming that he is a beneficiary of the testamentary trust created by Thomas JenMns (“Jenkins”). The issues before us are whether Jenkins intended to include his daughter’s equitably adopted1 son, McClain, as a beneficiary of the trust and whether Jenkins’ great-grandchildren were to be the ultimate beneficiaries of the trust.

The court of appeals affirmed the probate court’s finding that Jenkins did not…