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03/18/94 CYNTHIA ANN HALL v. LINN WILLIAM EATON

March 18, 1994

CYNTHIA ANN HALL, PLAINTIFF-APPELLANT,
v.
LINN WILLIAM EATON, JR., INDIVIDUALLY AND AS EXECUTOR OF THE WILL OF MILDRED K. EATON, DECEASED, DEFENDANT-APPELLEE, AND MERCANTILE TRUST AND SAVINGS BANK, AN ILLINOIS BANKING CORPORATION, CLAYTON-CAMP POINT WATER COMMISSION, A MUNICIPAL CORPORATION, AND FEDERAL LAND BANK OF ST. LOUIS, NOW KNOWN AS AGRIBANK F.C.B., DEFENDANTS.



Appeal from Circuit Court of Schuyler County. No. 92CH4. Honorable Carson D. Klitz, Judge Presiding.

As Corrected April 29, 1994. Petition for Leave to Appeal Denied October 6, 1994.

Honorable Robert W. Cook, J., Honorable John T. McCULLOUGH, P.j., Honorable Robert J. Steigmann, J.

The opinion of the court was delivered by: Cook

JUSTICE COOK delivered the opinion of the court:

Plaintiff Cynthia Ann Hall brought suit asking the trial court to declare null and void a condition imposed by her father's will upon his devise to her of an undivided one-half interest in a remainder to real estate. The trial court dismissed the suit on motion of plaintiff's brother, defendant Linn W. Eaton, Jr. Hall appeals, contending the condition was void because of public policy. We affirm.

Linn W. Eaton, the father of Hall and Eaton, Jr., died in 1983 owning an undivided one-half interest in three tracts of land in Schuyler County. Eaton's will devised a life estate in the land to his wife, Mildred K. Eaton, and the remainder to his children, Hall and Eaton, Jr., in equal shares. The will specifically provided:

"SECTION 2

I give to my spouse a life estate in all of the real estate which I may own at the time of my death with remainder to my two children, Linn William Eaton, Jr., and Cynthia Ann Hall, in equal shares, except that if Cynthia Ann Hall shall at the time of the death of my spouse be a married person, I give the share of the real estate which would have passed to her to Mercantile Trust and Savings Bank, Quincy, Illinois, as trustee as hereinafter provided."

The will contained provisions for a trust, including the following:

"SECTION 9

In the event that my daughter, Cynthia Ann Hall, shall be married at the date of the death of the latter to die of my spouse and myself, I give that portion of the estate which would have passed to my daughter, to Mercantile Trust and Savings Bank, Quincy, Illinois, as trustee of the 'Cynthia Ann Hall Trust.'

SECTION 10

(1) Until the termination of the trust and during the life of my daughter, the trustee shall pay to my daughter the net income of the trust at least quarter annually and, in addition such amounts from principal as the trustee from time to time believes desirable for her comfortable maintenance, medical care and welfare, considering her other income known to the trustee.

(2) The trust shall terminate upon my daughter becoming a widow. Whereupon, the trustee shall distribute the principal and accrued or undistributed net income of the trust to my daughter. In the event that my daughter's spouse shall outlive my daughter, the trust shall terminate upon the death of my daughter. Whereupon, the trustee shall distribute the principal and accrued or undistributed net income of the trust to my son, ...


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