Petitioner, Idelle Port, an heir to the designated beneficiary's estate, appeals from the trial court's ruling. The sole issue for our review is whether Evelyn Jackson's interest should pass to the estate of Evelyn Jackson or return to the estate of Jeanette Mendelson.
Port now appeals.
We disagree and find that Jackson's interest was not vested at the time of her death and, therefore, reverts to the Estate. As the Illinois Supreme Court has stated, the central purpose of trust construction is to ascertain the settlor's intent from the trust as a whole and to effectuate that intent if not contrary to public policy. Utilizing the same rules of construction as apply to wills and other contracts, we should attempt to determine the settlor's intent solely by reference to the plain language of the trust agreement. In a conventional trust, the trustee holds the legal title and the beneficiary holds the equitable title. In an Illinois land trust, legal and equitable title to real property is held by the trustee and the interest of the beneficiary is personal property.