Cummings v. Harris Trust & Savings Bank

Petitioners filed this action for construction of a will and appeal from the trial court’s entry of judgment on the pleadings in respondents’ favor. (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 615(e).) On appeal, we address the issue of whether the language of the will was unambiguous, justifying entry of judgment on the pleadings. We reverse and remand with directions.

Testator, Alice M. Shaw, died on April 21, 1986, leaving a will which in relevant part stated as follows:

“LAST WILL AND TESTAMENT

I, Alice M. Shaw, do hereby declare that I reside in and own Apartment 1504 in the Illini Apartments…