Stewart v. Merchants National Bank of Aurora
Illinois Court of Appeals
278 N.E.2d 10 (1972)
Stewart (plaintiff) used personal-injury settlement proceeds to create a ten-year irrevocable spendthrift trust naming himself as beneficiary, providing that any remainder at his death would pay his estate's claims, funeral, taxes, and administration costs before passing to his heirs absent a separate will. Three years in, Stewart petitioned to revoke the trust; the trial court held that revocation required the consent of his heirs, including unborn ones, and denied the petition because that consent was unattainable. Stewart appealed.
Whether a statute abolishing the doctrine of worthier title will override the express intent of the creator of a deed, will, trust, or other instrument to not create an interest in his or her heirs.