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Full-Text Articles in Law
St. Mary's University School Of Law Annual Report 1990-1991, St. Mary's University School Of Law
St. Mary's University School Of Law Annual Report 1990-1991, St. Mary's University School Of Law
Dean’s Report
No abstract provided.
The Magic Circle: Inclusion Of Adopted Children In Testamentary Class Gifts, Victoria M. Mather
The Magic Circle: Inclusion Of Adopted Children In Testamentary Class Gifts, Victoria M. Mather
Faculty Articles
In two recent Texas appellate court decisions, the courts were faced with the problem of deciding whether a testator meant to include, or at least did not intend to exclude, adopted children in a testamentary class gift. Courts across the United States have struggled with this issue in recent years, and an increasing number are holding that gifts to children, issue, or lineal descendants do not necessarily exclude adopted children. However, in both Texas cases, the courts held that the adopted children could not take as members of the class. This result is contrary to both the modem trend of …