Estate of Joslyn

Appellants Marcellus L. Joslyn, Roland M. Joslyn, Marcia Joslyn Sill, Leslie Poleri, Lysbeth Drenick Lam and David Drenick are beneficiaries of the will of their grandmother, Alice Joslyn. They appeal from judgment determining that respondent Helen Melayne Davis is also a beneficiary under the will by virtue of the fact that she is the adopted daughter of Alice N. Joslyn’s son, Marcellus N. Joslyn. The issue presented is whether the trial court correctly determined that Alice Joslyn intended the class “descendants of [Marcellus N. Joslyn]” to include respondent even though she did not become Marcellus N. Joslyn’s stepdaughter until 8 months after Mrs. Joslyn died and was not adopted by him until 15 years later when she was 24 years old. The trial court concluded that Mrs. Joslyn did not intend to exclude adoptees such as respondent from the class of “descendants” entitled to take pursuant to her will. Therefore, it ordered that respondent was entitled to enjoy the benefits of the Marcellus N. Joslyn Fund established under the will of Alice N. Joslyn. For reasons explained in this opinion, we affirm.

Facts

The will which we are called upon to interpret was executed in…