In re the Estate of Ward

Harry G. Herman, S.

In this intermediate trustees’ accounting proceeding, the court is asked to determine whether Anne Ward and James Gary Ward, adopted children of the decedent’s son James A. Ward, are to be considered “lawful issue” of the testator and remaindermen of the residuary trust created by article fifth of the will. The decedent died on June 16, 1950, and his will, dated June 2, 1947, was admitted to probate on June 23, 1950. The above-named infants were adopted by a son of decedent on July 31, 1956 and May 9, 1960, respectively. Of the other two children of the testator, another…