TREE v. RIVES

Gen. No. 45,363.

347 Ill. App. 358 (1952)

106 N.E.2d 870

Arthur Ronald Lambert Field Tree, Appellee, v. Isabel Rives et al., Appellees, Continental Illinois National Bank and Trust Company of Chicago, as Co-Trustee et al., Appellants.

Appellate Court of Illinois.

Released for publication July 17, 1952.


Attorney(s) appearing for the Case

WILSON & McILVAINE and MAYER, MEYER, AUSTRIAN & PLATT, all of Chicago, for certain appellants; CALVIN F. SELFRIDGE, and SHERWOOD K. PLATT, both of Chicago, of counsel.

DANIEL J. LAMONT, of Chicago, for certain other appellants; DANIEL J. LAMONT, and JOHN J. KENNELLY, both of Chicago, of counsel.

VERNON R. LOUCKS, of Chicago, for certain appellee; CHARLES O. LOUCKS, JAMES L. HENRY, both of Chicago, of counsel.

EDWARD B. HAYES, Lord, BISSELL & KADYK, ROY R. BARR, all of Chicago, and CHARLES H. STEPHENS, JR., of Cincinnati, Ohio, for certain other appellees; EDWARD B. HAYES, of Chicago, of counsel.

ISHAM, LINCOLN & BEALE, of Chicago, for certain appellees; CYRUS H. ADAMS, and GEORGE B. YOUNG, both of Chicago, of counsel.

CLARENCE J. BASSLER, of Chicago for certain appellees.


MR. JUSTICE FEINBERG delivered the opinion of the court.

Plaintiff, one of the income beneficiaries, brought this action to construe the last will and testament of Lambert Tree, deceased. Plaintiff also is a co-trustee under said will. All parties in interest were made parties to the complaint, answers were filed, and upon a final hearing the court entered a decree which found:

"The amount now available to the plaintiff from the income of said trust is entirely...

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