MATTER OF DICKINSON


273 A.D.2d 89 (2000)

709 N.Y.S.2d 69

In the Matter of HUNT T. DICKINSON, Deceased. SCOTT DICKINSON, Appellant, v. PATRICIA D. BATES et al., Respondents, et al., Respondent.

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

Decided June 13, 2000.


The principal of the subject trusts is distributable to the issue of the settlor's son surviving at the time of the son's death, and, if there be no such issue, then to similar trusts benefitting the settlor's other children and their issue. The word "issue" is defined to include only children "of the blood," adopted children being expressly excluded. Petitioner, an adopted child of the settlor's son, claims that the settlor did not intend to exclude children adopted by the...

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