Dissenting Opinion by
Mb. Justice Musmanno:Is there any difference in law between the legal rights of a natural child and those of an adopted child? I personally do not see, in the enlightened jurisprudence of today, any distinction between the child which comes into the arms of its parents through the mystery of divine creation, inspired by human love, and the child who reaches those same arms through the medium of the law, guided by the same manifestation of love and devotion.
The law of Pennsylvania requires an adopting parent to provide his adopted child with the same maintenance, education and guidance which he gives to his natural child. The adopted child is bound to honor, respect and obey his adopting parents the same as a natural child is required to respond to the wishes of his natural parents. The adopted child and the adopting parents inherit and take, by devolution from and through each other, personal estate as next of kin and real estate as heirs, as fully as if the adopted child had been born into the family of the adopting parents.
Moreover, the full-fledged status of an adopted child in the family of the adopting parents is written not only in the books of the law but in the hearts of all mankind. Thus, in upholding the position of an adopted child we must keep in mind that an enlightened and sympathetic civilization insists that an adopted child must be as by descendants then living, the latter taking per stirpes, *250solicitously guarded, as zealously protected, and as tenderly cared for as the natural born child.
An adopted child is not merely a creature to be loved and p.etted by his adopting benefactors. He becomes the medium for the perpetuation of the family, which is the backbone of society and the hope of intelligent progress in realizing the wholesome and peace-loving dreams of the human race.
Thus, it is with keen regret that I find the Majority of this Court denying to the two adopted children, who are the subjects of litigation in this case, the inheritance which I believe is rightfully theirs. It could be that the writer of the Majority Opinion, who is also the author of the masterful opinion in the Collins Case, 393 Pa. 195, is no less desirous than I of seeing Henrietta Duke Holton and Samuel Pearce Holton II inherit, through their adoptive father, the wealth of that father’s father, but finds, athwart the broad avenue leading to that happy devolution, the Wills Acts of 1917, which' he deems hon-passable. On the contrary, I see an open highway beckoning adoptive-children into the land of full emancipation which a generous and fair-minded people have opened to them.
Let us take a glance at the facts which have generated this ease which could have been, but unfortunately turns out not to be, the last blow of the hammer breaking the last link in the chain of technicality holding descendants in a bondage never intended by their testator-benefactors. On March 16, 1929, S. Pearce Holton of Philadelphia executed his last will and testament in which he created a $400,000 trust fund, the income of which was to be paid to his son Howard Holton for life. Upon Howard’s death and for 21 years thereafter, the income was to be distributed among the children of Howard living at the quarterly distribution periods, and children of Howard then dead represented *251upon the principal of representation. At the end of the 21 year period, the trust principal was to be divided among Howard’s children then living and children of Howard then dead represented by descendants then dead, the latter taking per stirpes, upon the principle of representation.
The will further provided that if Howard died “without leaving descendants him surviving or leaving descendants they should not survive to take principal”, then one-half of the principal of the fund was to go to Howard’s testamentary appointee or appointees and the other one-half of the principal was to be added to trusts created under the Will for John M. Holton, Jr., and Mary Holton Globensky, children of testator’s son John, who was deceased at the time Mr. Holton executed his will.
When Pearce Holton wrote his will, and even at the time of his death, April 24, 1931, Howard had no children. In 1934, however, Howard adopted a girl child, Henrietta Duke Holton, and in 1935, a boy child, S. Pearce Holton, II. Howard died December 4,1957, and on the audit of the trustees’ account after his death, his two adopted children claimed the principal of the trust fund.' Their claim was contested by John’s chil-. dren who claimed one-half of the principal on the ground that adopted children cannot claim as beneficiaries of the trust principal.1 The court below accepted this claim and thus granted one-half of the trust principal to John’s two children and one-half of the trust principal to Howard’s testamentary appointees.
This Court affirms that adjudication.
*252Section 16(b) of the Wills Act of 1917 provides: “Whenever in any -will a bequest or devise shall be made to the child or children of any person other than the testator, without naming such child or children, such bequest or devise shall be construed to include any adopted child or children of such other person who were adopted before the date of the will unless a contrary intention shall appear by the will” (Emphasis supplied).
As already stated, Howard’s children were adopted after the date of Mr. Holton’s will. If no proviso had followed the first part of Section 16(b) as above quoted, the adopted children would certainly find a closed door to the benefits of the Holton will. But the “unless” clause opens that door which the Majority feels is locked and sealed. I believe that an analysis of the language employed by Mr. Holton in his will reveals an open door policy to let in any children Howard might adopt as beneficiaries of his bounty.
When Mr. Holton drafted his will, he not only knew that Howard had no children but that, in all likelihood, his wife would bear him no children.2 He also was aware, of course, of the possibility that Howard and his wife might adopt children. If he had intended to exclude adopted children from the effect of his will, it would have been quite a simple matter for him to so state.
Of course, I know that it is not enough to show that he did not exclude adopted children. In view of the specific wording of the Wills Act as quoted, the appellants (the adopted children) must show that Mr. Holton intended to make them his heirs. The proof of that intent is not lacking.
*253Mr. Holton made clear that the class of children who would qualify as beneficiaries of the will was not to be determined until the death of Howard. In the 11th paragraph of the will he provided for the payment of the net income from a $400,000 trust to his son, Howard Holton, during his life, and, “at his death and until the expiration of twenty-one years” therefrom, “to divide the net income . . . into as many parts ... as there shall be children of (Howard Holton) living at the quarterly distribution periods and children of (Howard Holton) then dead represented by descendants then living and to subdivide the shares falling to each set of descendants of a deceased child of (Howard Holton) amongst them per stirpes, upon the principle of representation, and to pay over to each child or descendants of a deceased child of (Howard Holton) then found entitled its share of such income. . ..” Upon the expiration of the twenty-one year period, the trust principal was to be divided “into as many parts ... as there shall be children of (Howard Holton) then alive and children of (Howard Holton) then dead, represented by descendants then living, and to subdivide the share falling to each set of descendants of a deceased child of (Howard Holton) amongst them per stirpes . . . and the shares thus ascertained to pay over to each child and descendants of a deceased child then found entitled, absolutely and in fee.” (Emphasis supplied.) If Howard Holton died “without leaving descendants him surviving or leaving descendants they should not survive to take principal”, then, as already stated, one-half of the principal of the fund was to be distributed to the appointees of Howard Holton and the other one-half was to be added to the trusts created by the testator for the children of his deceased son, John.
Hp to this point, it must be quite evident that Mr. Holton did not intend that the class of beneficiaries (that is, Howard’s children) should be determined be*254fore Howard’s death. This being so, it is obvious he was not limiting the scope of his will only to children in existence at the time he wrote his will. When Howard died, his two adopted children were Howard’s children as much as any two natural born children would be. This conclusion is indisputable in the light of Collins Estate, 393 Pa. 195, where Justice Benjamin Jones said: “Through the legislative mandate an adopted child in 1921 possessed all the rights of a natural child, both as to its adopting parents and the collateral kindred of its adopting parents. As we said in Fisher v. Robinson, 339 Pa. 305, 310, 198 A. 81: ‘Under section 16(b) of the Intestate Act of 1917, the adopted child then became a member of the family of the adopting parent.’” (Emphasis that of the Court).
Mr. Holton’s will provided that the descendants of a deceased child were to take per stirpes, by representation, the interest of the deceased child. Accordingly, if Howard had had a natural born child and this child, grown up, had adopted children of his own, these adopted children would'most assuredly take under the will because in the Collins case, supra, this. Court held that the term descendants includes adopted children. Thus, this inescapable logical development produces an incongruous situation which it seems to me should be difficult for the Majority to explain away, namely, that adopted children of a deceased child (that is, the great grandchildren of Mr. Holton) may qualify as beneficiaries, whereas adopted children of Howard himself may not qualify. That is to say, remote adopted descendants can participate in the testator’s estate, but adopted grandchildren, more natural objects of the testator’s benevolence, may not participate.
If, in an attempt to explain away this anomaly, it is argued that at the time Mr. Holton drew his will, the Collins decision had not been promulgated, it is enough to say in reply that the Collins decision has *255laid down a rule of interpretation of the word “descendants” used by the testator. Mr. Holton was an attorney, well versed in estate work, and the possibility of the interpretation of the word “descendants” could not have escaped him, especially in view of the Intestate Act of 1917 (in effect at the time Mr. Holton executed Ms will) which gives adopted cMldren the same rights as natural born children.
Mr. Holton specifically stated that only in the event Howard died “without leaving descendants him surviving or leaving descendants they should not survive to take principal” that the principal would then be distributed one-half to Howard’s appointees and one-half to John’s children. Here, Mr. Holton was referring to Howard’s direct descendants and not descendants of a deceased child as in the previous provisions of the will, and yet he made no attempt to limit the meaning of the term “descendants”, nor did he refer back to the previous provisions which the Majority, and the court below, rely upon as circumscribing its meaning. In not so limiting the term “descendants,” Mr. Holton clearly manifested his intention not to use the term “children” in the sense of natural children. If such had been his intent he would have also limited the term “descendants” by express limitation, or by reference back to previous provisions.
Instead of doing this, however, he provided that one-half of the principal was to go to John’s children only if Howard did not leave “descendants.” Since, as the Collins case tells us, “descendants” does include adopted children unless the contrary is shown, Mr. Holton must necessarily have used the word “children” in the same unlimited sense as he used “descendants,” and, inevitably, adopted children must come within its scope.
It is also important to note, in analyzing the will, to ascertain Hr. Holton’s intent, that in bequeathing gifts *256to John’s children, he used language different from that employed in providing for Howard’s children. As already stated, John had predeceased his father, leaving his widow and two children. Mr. Holton left a $400,000 trust, with l/5th of the income payable to John’s widow “and the remaining net income therefrom and at the death or remarriage of the said Evelyn Harrington Holton, whichever event may first occur, the whole thereof until the expiration of twenty-one years from the date of the death of the last survivor of John M. Holton, Jr. and Mary C. Holton, children of my son, John M. Holton, to pay, in equal shares, to such of the children of my said son who shall be living at the quarterly periods of distribution thereof and the issue of any child of his who may then be deceased, such issue to take their deceased ancestor’s share by representation; and upon the expiration of the period of twenty-one years from the date of the death of the last survivor of the children of my said son, John M. Holton.” (Emphasis supplied.)
Thus, in providing for John’s children Mr. Holton did not say that upon their death their children shall take, but that their issue shall take. In Howlett Estate, 366 Pa. 293, “issue” was defined as follows: “Issue of the body, offspring, progeny, natural children, physically born or begotten by the person named as parent. . . Unlike a child or children whose relationship to it or their parent may now be created either by physical birth or by adoption, issue strongly connotes a blóod relationship which ai’ises solely by actual birth of the child to the parent.”: Collins Estate, supra, p. 209.
And in disposing of the residuary gift to John’s children in paragraph 14 of the Will, Mr. Holton again pointed out that the gifts were made with “remainders over to their descendants in the manner set forth in Twelfth Item of this my Will. . . .” Thus, Mr. Holton, by this reference back to the terms of paragraph 12 of *257Ms will, was making clear that the term “descendants” was to be interpreted in accordance with the provisions of paragraph 12 of his will which employs the word “issue” and not “children”, the word used in referring to.Howard and his descendants.
Mr. Holton was not a layman employing legal language inexpertly. It can readily be assumed that he used the two different terms “issue” and “children,” with a difference in mind. Thus, he had a purpose in speaking of John’s children as “issue,” and in referring to Howard’s descendants as “children.” He knew that the term “children” is much broader in scope than “issue” and is not limited to blood relationship.
■ Justice Benjamin B. Jones spoke pertinently on this very point in the Collins case: “If we examine carefully the legal and technical words which the testatrix employed in describing the recipients of her bounty we can only conclude that she selected such words with discrimination and care. . . . Furthermore, the power of appointment given by testatrix to her ‘last surviving child’ under paragraph 4(4) was not restricted to persons of the blood. Unless it be present in the word ‘descendants’ there appears to be no restriction of dis-> tribution to persons of the blood under this will. If the testatrix did not see fit to weave into the fabric of this will a restriction of distribution of her estate to persons of blood descent does the employment of the word ‘descendants’ compel that wé do so? Neither etymologically nor legally does the word ‘descendants’ connote a blood relationship.”
In the case before us, neither did Mr. Holton see fit to weave into the fabric of his. trust provisions for Howard and Ms children a restriction of his estate to persons of blood descent. It must also be obvious from the above quotation that the word “child” or “children” would not be sufficient upon which to base such an intent. Justice Jones said further in Collins, su*258pra: “Under the law as it stood when testatrix died, an adopted child had all the rights of a natural child; when a will’s .terms are consonant with this broadened conception of adoption we will not, in the absence of any evidence, impute to testatrix a discriminatory attitude.”
All the terms of the will before us are consonant with an intent on the part of the testator to benefit Howard’s children, whether adopted or natural children. Thus, I do not see why the Majority should regard Section 16(b) of the Wills Act as a barrier shutting out Howard’s adopted children from what is plainly given to them in the will. The clear intent of Mr. Holton, as expressed in the will, breaks down that barrier. ■
The barrier is further demolished when we take into consideration: (1) that at the time Mr. Holton wrote Ms will, Howard had already been married ten years and his marriage had been childless; (2) that John’s widow herself (who is opposing Howard’s adopted children in this litigation) testified that Mr. Holton believed, because there was a doctor’s diagnosis to that effect, Howard’s wife was unable to have children; and (3) that between the writing of the will and Mr. Holton’s death, a period of two years, he never changed the provisions of his will providing for Howard’s children. Since it was clinically established that Howard’s wife would not bear children, it would have been a meaningless declaration (one not consonant with Mr. Holton’s serious purposes) for him to make provision for Howard’s children, unless, of course, he had in mind what actually occurred, namely, that Howard would adopt children.
Thus, these eloquent facts take this case into a summarization of the law as stated by the appellees themselves in their brief, namely: “In 1930, just a year before the testator died, it was summarized in the Ameri*259can' Law Eeports as follows ■ ‘It' is almost universally agreed that where a provision is made in a will for children of some person other than the testator, an adopted child is presumed not to be included unless there is language in the will, or there are circumstances surrounding the testator at the time he made the will, which malee it clear that the adopted child was intended to. be included/ Annot., 70 A.L.E. 621-622 (1930). (Emphasis supplied.) Presumably, this also was a part of the testator’s background knowledge.”
Conceding that the above summarization of the law constituted part of Mr. Holton’s background knowledge, the result is manifest that he knew that if he displayed a contrary intent and if the surrounding circumstances substantiated a contrary intent, that intent would prevail. Therefore, he chose language in his will which clearly established, as. already discussed, that children adopted by Howard after the execution of Ms will were to be considered Howard’s children and beneficiaries of the trust provisions for them.
On this phase of the discussion it would almost seem that Justice Jones’ language in the Collins case had been written to support my dissenting opinion here, i.e., “Appellants, even though their adoption took place subsequent to the execution date of this Will, were at the time the event occurred upon which a distribution of principal was directed to be made by the testatrix— Edith C. Perry’s death — in the eyes of the law in exactly the same relationship to testatrix’s daughter as though born of her body. In the absence of any language in this will from which an intent can be inferred to limit the meaning of ‘descendants’ to persons in the blood line and in view of the broad meaning of ‘descendants’ to hold that adopted children are excluded from the terms of this will would deprive them of the benefit of the statutory declaration conferring upon them all — not some — of the rights of a natural child. *260Had testatrix’s deceased child been survived by natural children, obviously they would have been ‘descendants’ of such deceased child. To exclude adopted children— occupying a status equating that of natural children— from the class of their adopted mother’s ‘descendants’ on the basis of an assumed intent on testatrix’s part to exclude from the word ‘descendants’ persons not of the blood is without basis either in the provisions of this will or in the law in effect when testatrix died. That appellants were not adopted until long after the effective date of the will does not compel a contrary conclusion. Testatrix foresaw that the time of taking by her children’s ‘descendants’ would be in the distant future and she actually provided that only those ‘descendants’ would take who survived her child or children; certainly testatrix knew that her child or children legally could and actually might adopt children before the event of taking. Is it any less logical to conclude that testatrix intended that adopted children be included in the class of - takers than to conclude that testatrix • intended that only natural children or children of the blood be included in such class? Neither etymologically nor historically has the word ‘descendants’ acquired such significance that it points unerringly in this will — in the face of the legally accepted equation of status of an adopted child and a natural child — to an intent to exclude from a testatrix’s bounty children legally adopted by her children.”
■It is true that in the case before us, we are dealing with the terms of section 16(b) of the Wills Act and the interpretation of the word “children” rather than the word “descendants”. Nevertheless, the reasoning in the Collins case is most pertinent to the issue of the testator’s intent in the instant case and when applied to the admitted parts leads to but one conclusion, namely: That the testator fully intended to benefit children adopted by Howard after the execution of the *261will, and that he had no idea of giving a different meaning to the term “descendants”, of Howard than was given to the term in the Collins case..
Accordingly, I dissent.
Pearce Holton did make a generous provision for John’s children, who are quite grown-up, so that it must not be assumed that if the adopted children would prevail in this litigation, John’s children would be left empty-handed.
John’s widow testified that Mr. Holton was aware of a doctor’s report to that effect and that he' believed no children would be born of this marriage.