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IN RE MALONEY TRUST

Docket No. 70868, (Calendar No. 1).

423 Mich. 632 (1985)

377 N.W.2d 791

In re MALONEY TRUST

Supreme Court of Michigan.

Decided November 22, 1985.

Attorney(s) appearing for the Case

Bennett, LaParl & Milligan, P.C. (by Thompson Bennett), for Richard A. Milligan, guardian ad litem of the adopted grandchildren.

Meyer & Kirk (by John M. Kirk and Patrick K. Rode) for John M. Kirk, guardian ad litem of the natural-born grandchildren.

CAVANAGH, J.

The issue presented by this case is whether the subject trust instrument evidences an intention of the settlor to exclude adopted grandchildren from the class of beneficiaries. The probate court and Court of Appeals concluded that adopted grandchildren were excluded. We disagree, and reverse.

I

Jane Gilmore Maloney, the settlor, created an irrevocable inter vivos trust on December 29, 1964, designating it as the "Jane Gilmore Maloney...

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