First National Bank v. Mid-States Engineering & Sales, Inc.

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Defendant appeals a declaratory judgment in plaintiff’s favor, contending the trial court erred in holding that the phrase “to the date of death” in an agreement was intended to include the date on which plaintiff’s decedent, John D. MacGuffin, died.

The facts are largely undisputed. Plaintiff is the successor trustee under a self-declaration of trust established by decedent, who was a director, officer, and shareholder of defendant. Upon decedent’s death on November 17, 1979, plaintiff became the owner, under the trust, of 32,500 of…