MINARY V. CITIZENS FIDELITY BANK & TRUST CO. 419 S.W.2d 340 (1967) CASE BRIEF

MINARY V. CITIZENS FIDELITY BANK & TRUST CO.

419 S.W.2d 340 (1967)

NATURE OF THE CASE: This is an appeal from a judgment declaring the wife of a trust beneficiary to be an heir of the settlor. Minary, beneficiaries, appealed a judgment, which declared that a beneficiary's adoption of his wife prior to the beneficiary's death allowed the wife to be named as an heir of decedent and thus, enable her to take under a trust managed by appellee, Citizens.

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.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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