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FIRST NAT. BANK OF CHICAGO v. ELLIOTT

No. 31294.

406 Ill. 44 (1950)

92 N.E.2d 66

THE FIRST NATIONAL BANK OF CHICAGO, Trustee, v. IVAN A. ELLIOTT, Attorney General, et al., Appellees. — (MARIE PAUL GRANGER et al., Appellants.)

Supreme Court of Illinois.

Rehearing denied May 15, 1950.

Attorney(s) appearing for the Case

C.M. GRANGER, V.G. BUTZ, DYER & DYER, SAMUEL H. SHAPIRO, R.N. NICHOLS, and EVA L. MINOR, all of Kankakee, for appellants.

IVAN A. ELLIOTT, Attorney General, of Springfield, FRANK W. CURRAN, State's Attorney, of Kankakee, KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, EUGENE J. LAMARRE and HARRY L. RICKARD, all of Chicago, (ROBERT J. BURDETT, A. ZOLA GROVES, WEYMOUTH KIRKLAND, HOWARD ELLIS, BARTLETT S. MARIMON, and WALTER T. KUHLMEY, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE WILSON delivered the opinion of the court:

A decree of the circuit court of Kankakee County construed the last will and testament of Alfred Fortin, deceased, to the extent that it created a charitable trust. From this decree, the collateral heirs-at-law prosecute a direct appeal, a freehold being necessarily involved.

Alfred Fortin, a widower, a resident of Kankakee County, died testate on January 26, 1937. His heirs-at...

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