Martin v. Gerdes

PRESIDING JUSTICE GREEN

delivered the opinion of the court:

This case involves the question of whether the language of a will plainly precludes an adopted child from inheriting a remainder interest in real estate. Subsidiary questions are whether the language of the will at issue is ambiguous to the extent that extrinsic evidence is admissible to explain the meaning of its terms and whether the adopted child is barred by the doctrines of collateral estoppel and laches from claiming under the will. We affirm the circuit court’s decision holding that the adopted child is entitled to a remainder…