Continental Bank, N.A. v. Herguth

This appeal is from an order of the circuit court of Winnebago County in an action for the construction of a trust. The trial court held that both the adopted son of one of the settlor’s grandsons (the adopted person) and the illegitimate son of that same grandson’s other adopted son (the illegitimate person) were “lawful descendants” under the trust. On appeal, the natural bom beneficiaries of the trust (the natural borns) argue first that the settlor’s actual intent was to exclude adopted and illegitimate heirs from taking under the trust. Secondly, they argue that the trial court violated…