New York Court of Appeals

In the Matter of the Construction of the Will of Frederick L. Upjohn, Alice E. C. Lake, Appellants Carleton B. Riker

July 15, 1952304 N.Y. 366

Summary

The Court held that an adopted child is considered the "issue" and "descendant" of the adoptive parent for purposes of a will limitation, and therefore reversed the lower courts' orders, remanding the case for further proceedings consistent with that construction.