POWERS v. WILKINSON


399 Mass. 650 (1987)

506 N.E.2d 842

H. BURTON POWERS, trustee, vs. MARGARET K. WILKINSON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 1987.


Attorney(s) appearing for the Case

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

Paul B. Sargent, guardian ad litem for the minor defendants and persons unborn or unascertained.

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


LIACOS, J.

The trustee of an inter vivos trust brought this action in the Probate and Family Court Department for Suffolk County, seeking a declaratory judgment that a child born out of wedlock to the donor's granddaughter is "issue" of the donor's children for purposes of the trust. The nonmarital child remains illegitimate because her paternity has never been acknowledged and her parents have never intermarried.2

The parties...

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