Smith v. Smith

OPINION BY

BRIAN JACK GOREE, PRESIDING JUDGE:

¶ 1 The issue on appeal is whether an adopted child is entitled to share in a remainder interest granted to the natural children bom of the life tenant. Robert Smith, deceased, was survived by two biological children, Dawnita Lynn Smith and Daphne Phae Smith, and one adopted child, Greg Smith. The trial court found that Dawnita, Daphne, and Greg were the remaindermen to the life estate of Robert. Dawnita and Daphne appealed. We reverse because the testator’s language expressed an intent to eliminate adopted children from the devise.

¶ 2 The decree of…