Sennot v. Collet-Oser

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

Defendants, Edith McCormick Hardin and Charles McCormick Hardin (Hardins) and Harold Fowler McCormick Hubbard, John Rockefeller McCormick Hubbard, Elisha Dyer Hubbard, Jr., and Anna Jones Dyer Hubbard (Hubbards) appeal from a summary judgment which dismissed their claims as adopted nieces and nephews to the trust estate of Fowler McCormick. On appeal, they contend that: (1) the settlors intent to include them as his surviving issue in the distribution cannot be resolved by summary judgment, and (2) they are not barred from…