Matter of Park

In Matter of Park, (15 N.Y.2d 413 [1965]), the court attempted to mitigate the harsh effects of the precautionary addendum by ruling that the legislature had always intended that adopted children should be treated as biological children unless the testator directed otherwise. In the cases after Park, a majority held that where the adopted children were the only members of the class of takers, then the precautionary addendum still applies and that in order to avoid its effect, the adopted children must prove that the testator intended to include them as beneficiaries of his or her estate.