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03/28/88 In Re Estate of Jane E. Dawson

March 28, 1988

IN RE ESTATE OF JANE E. DAWSON, DECEASED (WILLIAM H.


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

Alexander, Ex'r of the Will of Jane E. Dawson,

Plaintiff and Separate-Appellant, v.

The Harris Trust & Savings Bank, as Trustee, et al.,

Defendants-Appellees (John Dawson,

Defendant-Appellant))

522 N.E.2d 770, 168 Ill. App. 3d 391, 119 Ill. Dec. 108 1988.IL.437

Appeal from the Circuit Court of Cook County; the Hon. Henry A. Budzinski, Judge, presiding.

APPELLATE Judges:

JUSTICE BUCKLEY delivered the opinion of the court. CAMPBELL, P.J., and QUINLAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BUCKLEY

This dispute presents the question whether a child born and adopted after a trust is executed is intended to be included within the term "child" or "heir-at-law" as used within the language of a trust. The trust in question was executed on January 3, 1928, by Walter H. Eckert (Walter), an attorney. The trust transferred assets to Walter's wife, Georgia, and himself as trustees. Walter and Georgia had one child, Jane, who was about 17 years of age at the time the trust was executed. No other child was born to or adopted by Walter and Georgia.

The trust provided as follows:

"I. During the lifetime of the Depositor, WALTER H. ECKERT, the Trustees shall pay over all of the net income of said trust estate to him for use and/or distribution as he may see fit and he shall have full power and authority to at all times collect such income, and if necessary, endorse the name or names of the remaining trustee on all dividend or other checks or orders evidencing the income from said trust estate or on checks or orders necessary for the distribution of such income. II. In the event that the said GEORGIA J. ECKERT [Walter's wife] shall

survive the Depositor then the income from said trust estate shall on the death of the Depositor be paid to her for and during her natural life, such payments to be made monthly, quarterly, yearly or semi-annually as said Trustees may see fit. III. ...


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