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MURPHY v. GRAHAM

Gen. No. 45,683.

349 Ill. App. 44 (1952)

110 N.E.2d 68

Charles F. Murphy, Sigurd E. Naess, and Arthur H. Wells, as Trustees Under Last Will and Testament of Ernest R. Graham, Deceased, v. Ruby Leffingwell Graham, William Graham, Herbert E. Graham, Grace G. Allen, Gregsten Allen, Individually and as Trustee Under Will of William O. Thompson, Frederick G. Allen, Jr., William H. Allen, Eleanor F. Allen, Myrtis S. Graham, an Incompetent Person by Daniel J. Lamont, her Guardian ad litem, Defendants-Appellants, American School of Fine Arts, Defendant-Appellee, Frank Graham and Wilber E. Post, Defendants-Appellees.

Appellate Court of Illinois.

Rehearing denied January 28, 1953.

Released for publication January 28, 1953.

Attorney(s) appearing for the Case

HOPKINS, SUTTER, HALLS, DeWOLFE & OWEN; MOODY, FOSTER & BARRETT, and DANIEL J. LAMONT, all of Chicago, for appellants; DONALD J. DeWOLFE, EDWARD W. BARRETT, and SIDNEY F. MOODY, all of Chicago, of counsel.

CONCANNON, DILLON & SNOOK, of Chicago, for defendants-appellees.

WILSON & McILVAINE, of Chicago, for plaintiffs-appellees; J.F. DAMMANN, CLARENCE E. FOX, and JAMES W. CLOSE, all of Chicago, of counsel.

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

This is an appeal from a decree of the superior court of Cook county construing the will of Ernest R. Graham, deceased, and particularly the Fifth Article thereof. The action was brought by the trustees for instructions as to the proper administration of a trust created by the will.

The will after providing for the payment of debts, claims and taxes...

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