In Re Brophy Yaldwyn v Martin - [1949] NZLR 1006

Will — Construction — Inclusion of Adopted Child — Gift by Will of New Zealand. Testatrix to Named Beneficiary of Her "Issue" living at Death of Testatrix — Beneficiary predeceasing Testatrix and leaving Adopted Child — Both domiciled in New York State at Time of Adoption — State Law not attributing to Adopted, Child Status of "Issue" without Affirmative Intent expressed by Testatrix — No Such Intention attributable to Testatrix — Failure of Gift — Infants Act, 1908, s 21.

Conflict of Laws — Will — Bequest to "Issue" of Beneficiary — Inclusion in "Issue" of Adopted Child — Testatrix dying domiciled in New Zealand — Will construed according to New Zealand Law — Beneficiary domiciled in United States, dying Childless, but with Child lawfully adopted in New York State, and domiciled there — Status of Child as "Issue" determinable according to Law of New York State.