In re Estate of Agin

Probate court properly found that decedent's fractional interest in a land trust established by his uncle was an asset of decedent's estate, rather than passing directly to his children. Court properly found that language of trust agreement was unambiguous and that upon death of decedent's uncle, interest of decedent in land trust vested, it became his, and decedent could have done whatever he wanted to do with it. Probate court properly looked to status of beneficiaries at time of uncle's death. Inclusion of "per stirpes" language does not change decedent's beneficial interest in land trust. "Per stirpes" term has no application in determining who those entitled to share in estate are.(REYES and LAMPKIN, concurring.)