Chicago Title & Trust Co. v. Schwartz

I respectfully dissent from that part of my colleagues’ opinion regarding the interpretation and construction of the will.

The primary goal of construing a will is determining the intent of the testator. (In re Estate of Rettig (1981), 100 Ill. App. 3d 653, 427 N.E.2d 235.) Intent is generally ascertained from the language of the will (Rettig) and every word, phrase and clause should be given effect. Continental Illinois National Bank & Trust Co. v. Bailey (1982), 104 Ill. App. 3d 1131, 433 N.E.2d 1098. wellyn (1966), 67 Ill. App. 2d 171, 214 N.E.2d 471.) “[W]hen the word ‘issue’ is used in…