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Surrogate's Court, New York County, March 7, 2011
APPEARANCES OF COUNSEL
Krass, Snow & Schmutter, P.C., New York City (Walter W. Regel of counsel), for petitioner.
{**31 Misc 3d at 853} OPINION OF THE COURT
Kristin Booth Glen, S.
Hope A. Geller, as trustee of the trust for the benefit of Gladys C. Luria under the will of Henry Claman, has petitioned for a construction of ARTICLE THIRD to determine the identity of the trust's remainder beneficiaries. This proceeding and the facts presented provide an apparently novel opportunity to limit the draconian provisions of the now repealed "precautionary addendum," which acts to deprive certain adoptees of inheritance rights.
The testator died on July 15, 1924, leaving a will dated April 22, 1924 which divided his residuary estate into five parts. One part was left outright to his wife, Millie, and the remaining four parts were left in separate trusts for the benefit of each of his four children, respectively. After making certain provisions for distribution of trust income, ARTICLE THIRD continues:
"Upon the attainment by each child of his or her forty-fifth year, I direct that my executors pay absolutely and forever to said child, one-half (

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