Opinion
Gen. No. 10,034. (Abstract of Decision.)
Opinion filed October 22, 1945 Released for publication November 12, 1945
TRUSTS, § 28 — agreement construed as providing per capita rather than per stirpes distribution. Trust agreement providing for payment of income to donors (husband and wife) during lifetime and, after death of survivor, providing for distribution of fund "in equal parts between them unto such of the following nephews, nieces and grandnieces of the donors as shall be living," construed to require per capita rather than per stirpes distribution notwithstanding that beneficiaries for most, part were not named except as the children of designated brothers and sisters of the donors.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Reversed and cause remanded. Heard in this court at the May term, 1945.
Early Early, for appellants;
Harry B. North, for appellees.
Not to be published in full. Opinion filed October 22, 1945; released for publication November 12, 1945.