In re Kincaid Gift Trust
Annotate this CaseIn 1976 Cecilia Kincaid Bates, grantor, and co-trustees George Kincaid and Richard Peterson entered into a trust agreement establishing the Cecilia Kincaid Gift Trust for George. George was Cecilia's son and died in 2009. In 2010 the co-trustees filed a final account, petition for settlement, distribution, and termination of the trust. When distributing the proceeds of the trust, the district court determined that Jennifer, George's child who was born and given up for adoption after the trust was established, should be included in the trust distribution. The trustees appealed. The Supreme Court reversed, holding that, under the plain language of the trust, Jennifer was not a descendant of George because she was adopted and was therefore regarded as the lawful blood descendant of the adopting parent or parents. Remanded.
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