- 15 -
Similarly, in Harris Trust & Sav. Bank v. Donovan, supra,
the Illinois Supreme Court considered the terms of a decedent’s
trust and will (executed 3 days after the trust) in deciding the
decedent’s intent in disposing of his property. The Illinois
Supreme Court found that the decedent intended that his will and
trust be read together to effect his intent in disposing of his
property. In the instant case, decedent made clear that he
intended that his trust and will be read together because each
refers to the other. Decedent executed his will 3 days after he
executed the trust instrument, and the will refers to the
revocable trust or its trustee in Articles 2.1, 2.3, 3.2, 4.1,
and 4.12, while the trust instrument refers to the will in
Articles 3.1, 3.2, and 4.1.
Harris Trust & Sav. Bank v. Taylor, supra, is also contrary
to petitioner’s claim that Illinois courts do not consider
instruments other than a decedent’s will to discern the
decedent’s intent regarding the source of payment of estate tax.
In that case, the Illinois Appellate Court found that the
settlor’s inter vivos trusts clearly evidenced his intent that
Federal estate and Illinois inheritance taxes be paid from the
assets of those trusts and enforced tax apportionment provisions
in the trust instrument.4
4 See Estate of Reid v. Commissioner, 90 T.C. 304, 309
(1988) (citing In re Estate of Rosta, 444 N.E.2d 704, 712 (Ill.
(continued...)
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: May 25, 2011