Poertner v. Burkdoll

The opinion of the court was delivered by

Hatcher, C.:

This appeal stems from a controversy as to whether the phrase “surviving issue,” as used in a will, should be so construed as to include adopted children.

The procedural facts are not material to the issue before us for determination and will be omitted for the sake of brevity.

F. L. Burkdoll died testate on May 20, 1961. His will, as duly probated, made certain specific bequests which are not material here, left a life estate to his wife, Bessie Mae Burkdoll, and concluded:

“Thereupon, the entire residue of my estate shall be distributed in…