Minary v. Citizens Fidelity Bank & Trust Co.

419 S.W.2d 340 (1967)

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Nature of the Case

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Facts

Testatrix left the residue of her estate in trust for her husband and three sons during their lives. Upon the death of the survivor, the trust was to be terminated and its corpus distributed to the surviving heirs of Testatrix. One son died without issue; the second son left two children. The third son married, but had no children. Prior to his death, the third son adopted his wife. Upon the third son's death, the lower court found that his wife, having been adopted by the son, was entitled to take under the trust as an heir of Testatrix. On appeal, the court found that the son adopted his wife for the sole purpose of enabling her to take a share of the trust corpus after his death.