MATTER OF FIRST NAT'L CITY BANK


36 A.D.2d 514 (1971)

In the Matter of the Intermediate Accounting of First National City Bank, as Trustee under an Agreement with Dorothy W. Hilton. Melissa M. A. Cope, an Infant, Appellant; Joan P. Grant et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 14, 1971


The trust agreement in question does not contain an explicit definition of "descendant" and does not distinguish between blood descendants and descendants by adoption. Under the circumstances, there is a presumption in favor of the adopted child (Matter of Silberman, 23 N.Y.2d 98, 109). In the absence of an explicit purpose stated in the trust instrument to exclude an adopted child, such child "must be deemed included" within the...

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