Halas

This is an appeal from an order entered on the petition for instructions of respondent Bank of America National Trust and Savings Association as trustee under the will of Judge Allan B. Campbell. Judge Campbell made provision in his will for his three children, Jean Campbell, Kathleen Campbell Halas, and Allan B. Campbell, Jr., and for Kathleen’s son, Jon Halas. Kathleen died before the trusts created by the will had terminated; the will did not make clear provision for that contingency and the trustee needs a definition of the surviving beneficiaries’ rights.

The relevant clauses of the will may be summarized as follows :

In its petition, the trustee pointed to the failure of the will to regulate the payment of income in the event of a beneficiary’s death. In addition, the trustee sought instructions on the possible effect upon the interests of Jon Halas of the provisions for discretionary payments set forth in clause thirteen. The petition declared the belief of the trustee that Jon Halas, as the son and only issue of Kathleen, “is now entitled to receive the net income and discretionary payments. ’ ’

By her own will, Kathleen attempted (1) to give her son, Jon, and her…