Plain language of decedent Richard’s will does not show that decedent intended to grant his brother Mahlon a testamentary power of disposition of his interest in farmland. Richard died in 1995, and Mahlon died in 2016. The brothers owned separate undivided interest as tenants in common in 416 acres of farmland. Richard devised his interest in the farmland to Mahlon and his wife Mary (who predeceased Mahlon) as a life estate with a lifetime power of disposition. Because neither Mahlon nor his wife exercised that power of disposition, Richard’s interest in the farmland should pass in accordance with the terms of Richard’s will. Nothing in Richard’s will indicates that he intended to grant Mahlon a testamentary power of disposition that would allow 3rd parties named by Mahlon to benefit from Richard’s interest in the farmland after Mahlon’s death and cut out the remainderman named by Richard. (CAVANAGH and HOLDER WHITE, concurring.)
Illinois Appellate Court
Civil Court
Trusts and Estates