HARRIS TRUST & SAVINGS BANK v. MacLEAN

Nos. 1-88-0922, 1-88-0927, 1-88-0972 cons.

186 Ill. App.3d 882 (1989)

542 N.E.2d 943

HARRIS TRUST & SAVINGS BANK et al., Plaintiffs-Appellees, v. GORDON GALE MacLEAN et al., Defendants-Appellees (William Shellman Morse, Defendant-Appellant; Walter P. Dahl, Guardian ad litem for minors and unborn persons who do or will trace their relationship to Norman W. Harris through one or more adoptions, Defendant-Appellant; Stewart S. Dixon, Guardian ad litem for minors and unborn persons who do or will trace their relationship to Norman W. Harris by blood, Defendant-Appellant).

Appellate Court of Illinois — First District (1st Division).

Rehearing denied August 30, 1989.


Attorney(s) appearing for the Case

Freeborn & Peters, of Chicago (Peter I. Mason, Margaret S. Garvey, and Andy V. Jonusaitis, of counsel), for appellant William Shellman Morse.

James E. Dahl & Associates, of Chicago (Walter P. Dahl, of counsel), for appellant Walter P. Dahl.

Wildman, Harrold, Allen & Dixon, of Chicago (Robert E. Hamilton, of counsel), for appellant Stewart S. Dixon.

Schiff, Hardin & Waite, of Chicago (Paul B. O'Flaherty and William A. Montgomery, of counsel), for appellees Harris Trust & Savings Bank, Norman W. Harris III, Huntington Harris, Stanley G. Harris, Jr., and Thomas B. Harris.

Lord, Bissell & Brook, of Chicago (Joseph E. Coughlin, of counsel), for appellee Gordon Gale MacLean.


Affirmed in part, and reversed in part and remanded.

JUSTICE BUCKLEY delivered the opinion of the court:

Norman W. Harris died on July 15, 1916. Before his death, he created a trust by means of a will dated January 24, 1911 (the Trust under Will), and three later-date codicils. He also executed a separate trust instrument dated April 20, 1914 (the 1914 Trust). Trustees under the Trust under Will and the 1914...

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