IN RE ESTATE OF DAWSON

No. 86-3000.

168 Ill. App.3d 391 (1988)

522 N.E.2d 770

In re ESTATE OF JANE E. DAWSON, Deceased (William H. 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)).

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 28, 1988.


Attorney(s) appearing for the Case

Foss, Schuman, Drake & Barnard, of Chicago (Morton John Barnard, of counsel), for appellant John Dawson.

Alexander & Alexander, of Chicago (James L. Alexander, of counsel), for appellant William H. Alexander.

Deneen, Stone & Neese, Ltd., of Woodstock (David N. Stone, of counsel), for appellees.


Reversed and remanded.

JUSTICE BUCKLEY delivered the opinion of the court:

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...

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