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trustwill
trustwill

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Harris Trust & Sav. Bank v. Jackson, 412 Ill. 261, 106 N.E.2d 188

Facts

Howard B. Jackson died testate in 1923, leaving a will that established a testamentary trust. The will specified that upon the death of the life tenants, the trust assets were to be transferred to his nephew, Arthur S. Jackson, or if he was deceased, to his lawful heirs. Arthur had died in 1933, and his widow, Lou B. Jackson, along with his granddaughters, contested the distribution of the trust assets, arguing that Arthur's heirs should inherit since he did not survive the last life tenant. The lower court ruled in favor of Lou B. Jackson, stating that Arthur had a vested interest in the trust.

The testator's wife, Florence, and his brother, Frank, both survived him so that the trust became effective and the trustee entered upon its duties and paid the income to Florence Jackson during her lifetime.

Issue

The main legal issues were whether the gift over to Arthur's heirs referred to his death before the last surviving life tenant and whether Arthur's lawful heirs included his widow.

The issues are: (1) whether the gift over upon Arthur's death refers to his death before that of the last surviving life tenant rather than to his death before that of the testator, and (2) if so, whether Arthur's ‘lawful heirs' include his widow.

Rule

The court applied the principle that the intention of the testator must be ascertained from the will itself, and that the language used in the will should be interpreted according to its plain meaning unless ambiguity exists.

The cardinal rule of testamentary construction to which all other rules must yield is to ascertain the intention of the testator from the will itself and to effectuate this intention, unless contrary to some established rule of law or public policy.

Analysis

The court analyzed the will's language, particularly focusing on the provision that stated the trust assets should be delivered to Arthur or, if he was dead, to his lawful heirs. The court concluded that the phrase 'if he be dead' referred to Arthur's death occurring before the death of the last life tenant, not before the testator's death. The court emphasized that the testator's intent was clear and did not require the application of technical rules of construction.

The critical consideration is the effect of the language of divestiture employed by the will. Does the reference to the death of Arthur contemplate only his death at a time prior to the testator's death or does it refer to his death prior to the death of the last life tenant?

Conclusion

The Supreme Court reversed the lower court's decree and remanded the case, directing that the trust assets be delivered to Arthur S. Jackson's lawful heirs, which included his widow.

The decree of the circuit court of Cook County is reversed and the cause remanded, with directions to enter a decree in accordance with the views expressed in this opinion.

Who won?

The prevailing party was the heirs of Arthur S. Jackson, as the court determined that they were entitled to the trust assets based on the clear intent of the testator.

The chancellor entered a decree confirming the master's recommendation and holding that Arthur S. Jackson, ‘because he survived the testator, acquired an irrevocably vested interest in the corpus of the trust.’

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