First National Bank of Dubuque v. MacKey

McCORMICK, Justice.

We must decide here whether a person adopted as an adult is necessarily a “legally adopted child” within the meaning of a trust instrument. The trial court entered summary judgment for the adopted person in this interpleader action after answering the question affirmatively. Because we give a negative answer to the question, we reverse and remand.

Viola B. James executed a trust agreement in 1953, naming plaintiff, The First National Bank of Dubuque, as trustee. She had two daughters at the time, Mary Patterson James and Viola James Wathen. The trust instrument provided that…