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POWERS v. STEELE

394 Mass. 306 (1985)

475 N.E.2d 395

H. BURTON POWERS, trustee, vs. ELIZABETH A. STEELE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 20, 1985.

Attorney(s) appearing for the Case

H. Burton Powers (Gerald B. O'Grady, III, with him) for the plaintiff.

Paul B. Sargent for the defendants.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

In this action the trustee of an inter vivos trust seeks a declaration that a child born out of wedlock to the donor's life tenant son, and formally declared legitimate in the State of the child's domicil, is the "issue" of the donor and his son for purposes of the trust. The trustee maintains that the child is thus entitled to succeed to the father's interest in the trust. We agree.

The case is submitted...

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