Powers v. Wilkinson

(concurring in part and dissenting in part, with whom Hennessey, C.J., and Nolan, J., join). I join in the court’s decision to announce the new rule of construction which defines “issue” to include all biological descendants regardless of the marital status of the parents, overruling the rule of construction of Fiduciary Trust Co. v. Mishou, 321 Mass. 615 (1947). I cannot agree, however, with the court’s determination that the new rule not apply in this case.1 There are two compelling reasons to apply the rule announced in a decision to the litigants involved.

First, by merely announcing the…