SCHROEDER v. DANIELSON

No. 93-P-602.

37 Mass. App. Ct. 450 (1994)

640 N.E.2d 495

CHARLES E. SCHROEDER & another, trustees, vs. JAMES DEERING DANIELSON & others.

Appeals Court of Massachusetts, Middlesex.

October 7, 1994.


Attorney(s) appearing for the Case

Allan van Gestel for Robert C. Pomeroy, guardian ad litem.

Lisa C. Wood for Thomas P. Jalkut, guardian ad litem.

James C. Heigham for Marion Danielson Strachan & others.

Martin Fantozzi for Thomas J. Sartory, guardian ad litem.

Samuel Adams, guardian ad litem, & Patricia R. Hurley, for minors and persons unborn or unascertained, joined in a brief.

William F. Lee, Jennifer C. Snyder & David B. Bassett, for Lee Danielson, joined in a brief.

Present: KASS, PORADA, & IRELAND, JJ.


PORADA, J.

The trustees of three inter vivos, irrevocable trusts created in 1953 filed a complaint for instructions with the Probate and Family Court to determine whether the words "children of the body" of the settlor's children included the adopted grandchild of the settlor and whether the word "issue" included the adopted issue of the biological grandchildren of the settlor in those trusts. All the living biological issue of the settlor filed a motion for summary...

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