Goris

This appeal involves the right of adult adoptees to take under a testamentary class gift made under a will executed in 1914 to the “child” or “children” of the adopting parents.

Carolina B. Pittman (decedent, testatrix) died in 1915 leaving a will executed in 1914 which was probated in the Superior Court of Orange County. The decree of final distribution determined that decedent left the following heirs:

The decree distributed the estate in accordance with the provisions of the will. 1 To her adopted daughter who was also her granddaughter (Carolina Jackmon Pittman) decedent bequeathed a piece of real estate to be held in trust for her until she reached the age of 30, at which time the trust would terminate and the title vest in her. After certain specific bequests, decedent left the residue of her estate in trust to her youngest son for the benefit of all her children (with the exception of the adopted daughter) under the following terms: “(a) To hold, manage, control and cultivate said property, and to receive the rents, issues and profits therefrom.

“(b) To pay said rents, issues and profits, after deducting the necessary expenses and costs of maintaining and…