Continental Illinois National Bank & Co. v. Bailey

This case involves the construction of a will. Originally the property was placed in trusts divided among various children. The trust property of certain children has now been distributed and only property of certain other children remains in trust. Two of these children died recently without issue. According to the will, their trust property under such circumstances was to be added to and divided among the other “then existing shares or parts of my said trust estate.” The principal issue in this case is whether this language is to be literally enforced and the property divided only between…