WATSON v. BAKER


444 Mass. 487 (2005)

PAULINE C. WATSON & another, trustees, & others v. RUTH W. BAKER.

Supreme Judicial Court of Massachusetts, Essex.

June 20, 2005.


Attorney(s) appearing for the Case

Peter E. Ball (Alexander Klibaner & Thanda Fields Brassard with him) for Pauline C. Watson & another.

Eric F. Menoyo for the defendant.

Mark S. Furman, for Judith B. Carpenter, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


MARSHALL, C.J.

We consider in this case whether Ruth W. Baker, an adopted child, is a beneficiary of two trusts created pursuant to her great-grandmother's will for the benefit of the testator's granddaughters and their "lawful issue." The statutory rule of construction at the time of the testator's 1936 death included as "issue" an adopted great-granddaughter only if "it plainly appears to have been the intention" of the...

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