Bank of America, N.A. v. Judevine

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2015 IL App (1st) 140532
Decision Date: 
Monday, January 26, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
DELORT
Bank, as trustee, filed petition to construe an irrevocable trust, to provide income to his wife, whom he divorced the day after trust was executed. Trust provided that upon death of his wife and her mother, trust estate to be distributed in equal shares to those who are then living of settlor's grandchildren, and trust identified grandchildren by name. Court erred in finding that provision was unambiguous; latent ambiguity arose when settlor's additional grandchildren were born subsequent to execution of trust. After-born grandchildren were entitled to allowance for their reasonable attorney fees. (CONNORS, concurring; CUNNINGHAM, dissenting in part and specially concurring in part.)