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ILLINOIS NAT. BANK OF SPRINGFIELD v. GWINN

Gen. No. 9,825.

348 Ill. App. 9 (1952)

107 N.E.2d 764

Illinois National Bank of Springfield, as Trustee Under Trust Created by Trust Agreement Between Robert F. Brown and G. Lewis Lloyd, Dated July 7, 1921, for King's Daughters' Home for Aged Women, W.T. Burnside, as Assignee and W.T. Burnside, Individually, Plaintiffs, v. A. Lee Gwinn, Individually, and as Trustee Under and by Virtue of Certain Deed Dated April 24, 1922, and Recorded in Book 94 of Deeds at Page 18 in Recorder's Office of Douglas County, Illinois; Andrew Burkey Gwinn and Elmer Ellsworth Gwinn, Jr., et al., Defendants. Elmer Ellsworth Gwinn, Jr., and Janice Conkey Portwood, Administrator of Estate of Elmer Ellsworth Gwinn, Jr., Deceased, Petitioners-Appellants, v. Emerson L. Gwinn, Successor Trustee to A. Lee Gwinn, as Trustee Under and by Virtue of a Certain Deed etc., and William D. Burnside, Administrator of Estate of William T. Burnside, Deceased, Defendants-Appellees, and Perry M. Chadwick and John R. Chadwick, Intervening Petitioners-Appellees. Emerson L. Gwinn, Successor Trustee, Defendant-Appellant, v. Elmer Ellsworth Gwinn, Jr., Janice Conkey Portwood, Administrator of Estate of Elmer Ellsworth Gwinn, Jr., Deceased, Appellants in Original Appeal, and William D. Burnside, Administrator of Estate of William T. Burnside, Deceased, Perry M. Chadwick, and John R. Chadwick, Appellees.

Appellate Court of Illinois.

Rehearing denied September 22, 1952.

Released for publication September 22, 1952.

Attorney(s) appearing for the Case

ARTHUR J.B. SHOWALTER, and FILSON & WILLIAMSON, all of Champaign, for appellants.

H.F. SIMONSON, of Champaign, for successor trustee.

J.L. SULLIVAN, of Paris, and NICHOLS & JONES, of Tuscola, for appellees.

MR. JUSTICE REYNOLDS delivered the opinion of the court.

This cause comes to this court on appeal from the circuit court of Douglas county. The appeal was first taken to the Supreme Court of Illinois, but that court held that it was wrongfully appealed to the Supreme Court and by its order of October 8, 1951, transferred the cause to this court.

The original proceeding was a foreclosure by the Illinois National...

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