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CONTINENTAL ILLINOIS NAT'L BANK & TRUST CO. v. ART INSTITUTE

Gen. No. 44,967.

341 Ill. App. 624 (1950)

94 N.E.2d 602

Continental Illinois National Bank and Trust Company of Chicago, Executor of Last Will and Testament and Codicil of Daniel D. Van Degrift, Deceased, Appellee, v. Art Institute of Chicago, Defendant, and Shriners Hospitals for Crippled Children et al., Appellants.

Appellate Court of Illinois.

Rehearing denied November 1, 1950.

Released for publication November 2, 1950.

Attorney(s) appearing for the Case

B.G. CLANTON, of Chicago, for certain appellant.

WALTER F. BOYE, of Chicago, for certain other appellant; ROBERT P. SMITH, of Washington, D.C., of counsel.

IVAN A. ELLIOTT, Attorney General, of Chicago, for certain appellee; ROBERT J. BURDETT, Assistant Attorney General, of Chicago, of counsel.

ECKHART, KLEIN, McSWAIN & CAMPBELL, of Chicago, for certain other appellee; PERCY B. ECKHART, WILLIAM A. McSWAIN and JOHN NEAL CAMPBELL, all of Chicago, of counsel.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

The Continental Illinois National Bank and Trust Company of Chicago, as executor and trustee, filed its complaint in the circuit court of Cook county, asking for construction of the will and codicil and of an inter vivos trust made by Daniel D. Van Degrift.

The principal issue involves the disposition of the residuary income derived from the inter...

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