884 N.E.2d 1040 (2008)
The grantor created two irrevocable trusts, one in 1926 and one in 1963, for the lifetime benefit of the beneficiary, the grantor's daughter; upon the beneficiary's death, the principal was to be distributed to the beneficiary's descendants. The adopted-out daughter was granted permission to intervene in the two instant proceedings for judicial settlement of the final account for each trust, but her objections to each account were dismissed.
- The appellate division reversed, and on further appeal, the court reversed.
- No evidence was presented of the grantor's intent to include or exclude a person from the class gift.
- While Domestic Relations Law § 117 was not amended until 1963 to terminate an adopted child's rights to inheritance and succession from the biological family unless expressly intended by the grantor, nothing in the pre-1964 legislative history or case law indicated that an adopted-out child would share in a class gift to a biological parent's issue, descendants, or children.
- The finality of judicial decrees would be compromised if adopted-out children were included in such class gifts.
The court reversed the appellate division's order and reinstated the surrogate court's decrees.
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