Ruby v. Ruby, No. 1-10-3210, 2012 Ill. App. LEXIS 113 (Ill. Ct. App. 2012)

(dispute between trustee, defendant, and beneficiaries, plaintiffs, regarding gift from bank account specified in decedent’s will but later transferred to trust account; plaintiffs sought relief to receive promised monetary gifts from decedent; defendant argued gift had been adeemed when all assets transferred to trust account, enforcement of in terrorem clause in will also revoked gift, and that defendant entitled to half of trust account as joint tenant of account; trial court granted summary judgment to defendant that ademption could apply to testamentary trust and gift was adeemed; court held in terrorem clause not applicable; both parties appealed; on appeal, court held intent of decedent was for gift to occur despite transfer of account and assets into trust because transfer occurred within short period of time after will drafted; summary judgment overturned and case remanded to trial court for determination of appropriate gift under terms of will; appellate court also held in terrorem clause not applicable and joint tenancy in bank account did not entitle defendant to one-half of account).

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