RUBEL v. FRIEND

Gen. No. 45,323.

344 Ill. App. 450 (1951)

101 N.E.2d 445

Rhoda Hecht Rubel, May Friend Goodman, Alene W. Friend, Leon S. Newton, and Janet F. Newton, and Alexander F. Newton, Minors, by Leon S. Newton, their Father and Next Friend, Appellants, v. Sylvia Friend, Michael Reese Hospital of Chicago, University of Chicago, The Northern Trust Company, as Sole Surviving Trustee under Last Will and Testament of Emanuel Friend, Deceased, and Ivan A. Elliott, Attorney General of State of Illinois, Appellees.

Appellate Court of Illinois.

Rehearing denied October 11, 1951.

Released for publication November 15, 1951.


Attorney(s) appearing for the Case

MORGAN, SALTER & SELLERY, and MARTIN BELL, all of Chicago, for appellants; SAMUEL MORGAN, of Chicago, of counsel.

IVAN A. ELLIOTT, Attorney General, of Springfield, for appellees; GOTTLIEB, SCHWARTZ & FRIEDMAN, for certain appellee; D'ANCONA, PFLAUM, WYATT & RISKIND, of Chicago, for certain other appellee; MAURICE A. RISKIND, EDGAR BERNHARD, JACOB M. SHAPIRO, HARRY R. BEGLEY, and ROBERT J. BURDETT, all of Chicago of counsel.


MR. JUSTICE FEINBERG delivered the opinion of the court.

Plaintiffs filed their complaint to set aside a decree entered on January 12, 1948, in the circuit court of Cook county, and for the termination of a charitable trust created by the last will and testament of Emanuel Friend, deceased. Upon the hearing of a motion to dismiss the amended complaint, an order was entered dismissing it for want of equity, and entering judgment for costs against plaintiffs, from which...

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