Rosenthal v. First National Bank of Chicago

I must respectfully dissent to a part of the majority opinion. We agree that the only trust involved is the Philip Trust, as the res of the Marie-Louise Trust was transferred to her prior to the death of either Carolyn or Philip, under the provisions of paragraph 7 of the will of Moise Dreyfus; consequently, in this dissent I will refer only to the Philip Trust.

In considering the dispositive scheme of the testator the entire will must be read as a whole. In Weber v. Hawkins, 30 Ill2d 278, 196 NE2d 695, the court said, at page 283:

“In construing a will the court’s primary mandate is to give…