Mayfield

*495 Opinion

This is an appeal from the Order Instructing Trustee to distribute or deliver the corpus of the trust to respondent.

The trust, which was created by the will of Josephine C. McCormack, terminated upon the death of William S. Morrill, on September 11, 1966. Morrill was the son of McCormack. Originally there were other income life beneficiaries, the last of whom died in 1963, and Morrill was the sole income life beneficiary thereafter until his death. Upon termination of the trust the corpus was to go, free from trust, to Morrill’s issue, and if Morrill died without issue, to respondent, who was the son of a nephew of Mrs. McCormack.

Appellant as Morrill’s adopted son claims to be Morrill’s issue and entitled to distribution or delivery of the corpus. Respondent, son of a nephew of Mrs. McCormack, contends that the corpus should go to him.

Since there is no real dispute as to the sequence of events which have taken place in this case, the statement of fact from the appellant’s brief has been substantially adopted.

Mrs. McCormack made her will on March 27, 1941. The will was drafted by her attorney, who is now deceased. The property which is the subject of this…