It will have blood, they say; blood will have blood.
Court rules the phrase “descendants by blood” is a legal term of art, not a scientific one.
Court’s are often called upon to interpret ambiguous language contained in wills, trusts and other legal instruments. Recently, I was curious to read that a court was called upon to give meaning to the phrase “descendants by blood” in Doe v. Doe, 34 Fla.L.Weekly D1819c (Fla 2nd DCA February 4, 2009). I had presumed its meaning was clear, however, when I read the opinion issued by this court, it appears that it was necessary for an interpretation given the recent advances in technology, especially in the area of genetic testing.
The facts of Doe are uncomplicated. Chester Jr. and Eleanor, his wife, executed mutual revocable trust agreements. Each trust provided for a class gift to the settlor’s grandchildren. One of the grandchildren was Catherine, who was the daughter of Chester III by virtue of his name appearing on her birth certificate and a court order entered in the domestic relations division following Chester III’s divorce with Catherine’s mother. Read the rest of this entry