Harris Trust & Sav. Bank v. Jackson

The Harris Trust and Savings Bank, as trustee under the will of Howard B. Jackson, brought an action in the circuit court of Cook County seeking a construction of the will and a determination of certain questions which had arisen upon the termination of the trust. Lou B. Jackson, widow of a nephew of the testator, and Suzanne and Audrey Jackson, granddaughters of the nephew and great grandnieces of the testator, prosecute this appeal from the ensuing decree. A freehold is necessarily involved. Howard B. Jackson died testate on January 19, 1923. He was survived by his widow, Florence, his brother, Frank G. Jackson, and his nephew, Arthur S. Jackson. The questions presented concern the ultimate disposition of the trust assets. The will directed the trustee, upon the cessation of two prior life estates, to transfer and deliver the assets to the testator's nephew, Arthur S. Jackson, or if he be dead, as in fact he was, then to his lawful heirs. The issues are: (1) whether the gift over upon Arthur's death refers to his death before that of the last surviving life tenant rather than to his death before that of the testator, and, (2) if so, whether Arthur's ""lawful heirs"" include his widow.