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FIRST NAT. BANK OF CHICAGO v. PIAGET

Gen. No. 45,951.

2 Ill. App.2d 207 (1954)

119 N.E.2d 457

The First National Bank of Chicago, as Trustee Under Paragraph Fifth of Last Will and Testament of Oswald Karl Gerhard von Lengerke, Deceased, Plaintiff-Appellee, v. Esther von Lengerke Piaget et al., Defendants. Appeal of Carl von Lengerke et al., Appellants.

Appellate Court of Illinois.

Released for publication June 2, 1954.

Attorney(s) appearing for the Case

ROSS, BERCHEM, SCHWANTES & MENK, of Chicago, for appellants.

ROSENTHAL, KING & ROBIN, of Chicago, for plaintiff-appellee; DOUGLASS PILLINGER, of Chicago, of counsel.

BENJAMIN WHAM, of Chicago, and J. MALCOLM JOHNSON, of Miami, Florida, for Piaget-defendants; WHAM, WELCH, METZDORF & McKEE, all of Chicago, of counsel.

LORD, BISSELL & KADYK, of Chicago, for defendants-appellees; GRAYDON H. ELLIS, and JANICE M. RICHARDSON, both of Chicago, of counsel.

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

This is an appeal from a decree construing the last will and testament of Oswald Karl Gerhard von Lengerke, a bachelor, who died July 19, 1932. He was survived by three brothers, three sisters, and their issue. The principal question involved is whether Esther von Lengerke Piaget, only child of Ruben von Lengerke, a deceased nephew, should take the share of her father in the corpus of a trust created...

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