Ford v. Newman

I dissent from the majority opinion. The opinion not only leaves ambiguous which State’s law it applies, it also makes the erroneous statement that Illinois and New York law are the same. It is my opinion that New York law applies, and that under the law of that State, the adopted grandchildren of the settlor would be considered to be beneficiaries of the trust.

The majority opinion states: “Our object is to ascertain and give effect to the intention of the settlor. The evidence that we may consider to determine this intent is governed by the law of the forum, Illinois.” (77 Ill. 2d at 338.)…