Lockwood v. Adamson

The trustees of a testamentary trust seek instructions as to whether a child adopted by his biological mother’s second husband may share in the trust income under a bequest to “issue” of the child’s natural father. It is contended by Janet Adamson, Ruth Meleen, Henry St. John Smith, IV, and Michael St. John Smith (hereafter referred to collectively as the Adamson appellees), first, that the term “issue” does not include such an adoptee, and, second, that G. L. c. 210, §§ 6, 7 (1988 ed.), 3 preclude the child from sharing in the testamentary class gift. The trustees filed a complaint for…