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IN RE ESTATE OF BIDDLE

487 Pa. 616 (1980)

410 A.2d 782

In re ESTATE of Henry W. BIDDLE, Deceased. Appeal of James Murdock DaCOSTA.

Supreme Court of Pennsylvania.

Decided February 1, 1980.

Attorney(s) appearing for the Case

James R. Ledwith, Philadelphia, for appellant.

Ralph N. Teeters, Philadelphia, for appellee, Fidelity Bank.

Walter E. Nelson, Jr., Philadelphia, for appellee, Charles DaCosta, Jr.

Roland J. Christy, Spring House, for appellee, Peter M. DaCosta.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION

ROBERTS, Justice.

Since Tafel Estate, 449 Pa. 442, 296 A.2d 797 (1972), we have required that adopted children be presumptively included in a testamentary gift to "children" unless the testator's intention to exclude adopted children is clearly indicated. Appellant, an adopted child, claims the right to participate in future income distributions from a testamentary trust established by his adoptive great-grandfather...

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