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CONANT v. LANSDEN

Term No. 50F1.

341 Ill. App. 488 (1950)

94 N.E.2d 594

Edward H. Conant et al., Trustees Under the Last Will and Testament of Oscar T. Tamm, Deceased, Appellees, v. Carolyn VdB. Lansden, Executrix of Last Will and Testament of David S. Lansden, Deceased, Appellant. People of State of Illinois ex rel. George F. Barrett, Attorney General, Intervening Petitioner, v. Carolyn VdB. Lansden, Individually and as Executrix of Last Will and Testament of David S. Lansden, Deceased, Defendant.

Appellate Court of Illinois.

Modified opinion filed and rehearing denied September 27, 1950.

Released for publication November 2, 1950.

Attorney(s) appearing for the Case

GIFFIN, WINNING, LINDNER & NEWKIRK, of Springfield, and DAVID V. LANSDEN, of Cairo, for certain appellant; MONTGOMERY S. WINNING, of Springfield, of counsel.

DOROTHY WILBOURN, of Cairo, and JOE CRAIN, of Mound City, for cross-appellants.

IVAN A. ELLIOTT, Attorney General, of Springfield, for appellee.

MR. JUSTICE SCHEINEMAN delivered the opinion of the court.

Oscar T. Tamm died in 1913, a resident of Alexander county, Illinois, and his will was probated in said county the same year, by which there was created a trust, having the ultimate objective of constructing and maintaining good roads in Alexander county.

The will appointed three trustees, with provisions for successors, and changes occurred in the ensuing years. One of the original trustees was David...

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