Harris Trust & Savings Bank v. Beach

In construing either a trust or a will the challenge is to find the settlor’s or testator’s intent and, provided that the intention is not against public policy, to give it effect. (See Hull v. Adams (1948), 399 Ill. 347, 352.) Courts search for intent by analyzing both the words used in the instrument and the circumstances under which they were drafted, including: “the state of the testator’s property, his family, and the like.” (Armstrong v. Barber (1909), 239 Ill. 389, 404.) When, however, the instrument fails to make the settlor’s or testator’s intention clear, courts often resort to…