Bank of America v. Lazzeroni

Opinion

MOLINARI, P. J.

This appeal presents a question of first impression in this state. It concerns the effect of adoption out of a testator’s family of a great-grandchild who, except for his adoption, would be included in a description of the class of remaindermen of a testamentary trust. Stated more precisely, the issue is as follows: Where a testamentary trust provides for distribution to a class of remaindermen described as the “children or issue surviving” of certain primary beneficiaries with life estates therein, does the class of remaindermen include a child who'was bom after the…