Amoskeag Trust Co. v. Preston

The sole question is whether the testatrix, Medora Elliott, by her use of the word “issue” in her will executed May 22, 1928 intended to include a child adopted on June 11, 1937 by her daughter Laura, after the testatrix’s death on October 27, 1929. Ever since 1842, the statutory definition has been *331that “ The word ‘ issue, ’ as applied to the descent of estates shall include all the lawful lineal descendants of the ancestor. ” R. S. (1842) 1:16; R.L., 7:20; RSA 21:20. Our courts have interpreted the statute to give issue its ancient and modern meaning as including only the descendants in the…