CONANT v. LANSDEN

No. 31825.

409 Ill. 149 (1951)

98 N.E.2d 773

EDWARD H. CONANT et al., Trustees, Appellees, v. CAROLYN VDB. LANSDEN, Exrx., Appellant. — (THE PEOPLE ex rel. George F. Barrett, Attorney General, Intervening Petitioner-Appellee.)

Supreme Court of Illinois.

Rehearing denied May 21, 1951.


Attorney(s) appearing for the Case

GIFFIN, WINNING, LINDNER & NEWKIRK, of Springfield, and DAVID V. LANSDEN, of Cairo, for appellant.

JOE CRAIN, of Mound City, and DOROTHY WILBOURN SPOMER, of Cairo, for appellees Edward H. Conant et al.; IVAN A. ELLIOTT, Attorney General, of Springfield, (JOHN H. CARTER, of Anna, and C.S. CONGER, of Carmi, of counsel,) for appellee intervening petitioner.


Affirmed in part and reversed in part, and remanded.

Mr. JUSTICE CRAMPTON delivered the opinion of the court:

Under the will of Oscar Tamm, who died in 1913, a trust was set up for the principal purpose of constructing and maintaining good roads in Alexander County. Three trustees were appointed, one of whom was David Lansden, apparently the active and directing officer of the trust. In 1938, one of the other trustees died, and plaintiff Edward Conant was...

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