Estate of Mendelson v. Barnett

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

This appeal involves a petition brought in a probate proceeding seeking construction of a trust provision concerning the status of a 40% interest in a condominium in which Jeanette Mendelson, the decedent, was the sole beneficiary prior to her death. The trial court found that the trust provision, which designated the recipient of the 40% interest upon decedent’s death, failed or lapsed because Evelyn Jackson, the designated beneficiary, predeceased decedent. The trial court held that the 40% interest was part of decedent’s estate…