LOWELL v. TALCOTT: HUNNEWELL

No. 13-P-1053.

86 Mass. App. Ct. 145 (2014)

WILLIAM A. LOWELL, trustee, v. MARIA OAKES TALCOTT & others; ARNOLD W. HUNNEWELL, JR., & another, third-party defendants.

Appeals Court of Massachusetts, Norfolk.

August 18, 2014.


Attorney(s) appearing for the Case

James R. Knudsen for Maria Oakes Talcott.

Maureen E. Curran for Katharine Van Buskirk & others.

Steven E. Gurdin ( A. Hether Cahill with him) for William A. Lowell & others.

Present: GRAIIAM, WOILOHOJIAN, & MILKEY, JJ.


GRAHAM, J.

In this case, we are asked to consider whether a child born in 1963 while her mother was married to a man who is not the child's father is an "issue" of the mother as that term is used in the wills of the mother's grandparents, drafted in 1951. We conclude that on the particular facts presented, she is.

Background. In 1951, Francis J. Oakes, Jr., and his wife, Mary P. Oakes (collectively, testators), executed reciprocal wills leaving the...

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