ANDERSON v. BNY MELLON, N.A.

SJC-11122.

463 Mass. 299 (2012)

RACHEL A. BIRD ANDERSON v. BNY MELLON, N.A., trustee, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

August 28, 2012.


Attorney(s) appearing for the Case

Wilbur A. Glahn, III ( Kimberly Ryan Torrisi with him) for Rachel A. Bird Anderson.

Maria L. Rockwell for John G. Dugan.

Steven B. Rosenthal for Michael Podolski.

Kevin J. Willis , for BNY Mellon, N.A., was present but did not argue.

The following submitted briefs for amici curiae:

David S. Weiss , Laura E. D'Amato , & Brian P. Thurber for Douglas D. Lee.

Martha Coakley , Attorney General, & Tori T. Kim , Assistant Attorney General, for Attorney General.

Lisa C. Goodheart for Boston Bar Association.

Benjamin G. Robbins & Martin J. Newhouse for New England Legal Foundation.

Paul F. Donovan for Joseph Lee, IV, & others.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.


BOTSFORD, J.

In 1941, Anna Child Bird (Anna3) executed a will with a testamentary trust that benefited her son, her grandsons, and their issue; Anna died in 1942. At the time the will was executed, G. L. c. 210, § 8 (§ 8), a statute prescribing a rule of construction for certain types of instruments relating to inheritance, provided that unless the contrary "plainly appear[ed] by the terms of the instrument," an adopted child...

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