Central Trust Co. v. Smith

This cause arose from a declaratory judgment action filed by the trustee of a trust established by the will of Loretta A. Smith, seeking a construction of the terms of the trust. The appeal presents two questions: first, whether Bryan Smith’s status as an adopted son of Ralph J. Smith, Jr. excluded him from the class of “the children of Ralph J. Smith, Jr., whether now living or born hereafter”; and second, whether, reasonably construing the terms of this testamentary trust, the period within which new members could be included in this class closed at the time of the testator’s death, before…