Johnson v. Johnson

Opinion by

Judge PIERCE.

Respondent, Robert Johnson, appeals a judgment of the probate court which construed the trust created by his mother to exclude his adopted wife as a remainder-man. We affirm.

Settlor created an express trust in Illinois in 1956 (the Belgard Trust). After her death and the death of her husband, respondent received the net income from the trust as lifetime beneficiary. Under the terms of the trust, upon respondent’s death, the trustee is instructed to:

“divide the trust estate into as many equal shares as shall be necessary to allot one share for each child of my said son…