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ANDERSON v. ANDERSON

Gen. No. 46,642.

6 Ill. App.2d 108 (1955)

126 N.E.2d 726

Lillian Pauline Anderson, Individually, et al., Plaintiffs, v. Lillian Pauline Anderson, Executor of Last Will and Codicil of Lillie Anderson, Deceased, et al., Defendants-Appellees; Lillian Pauline Anderson, Individually, and as Trustee Under Will and Codicil of Lillie Anderson, Deceased, et al., Appellants; Lillian Pauline Anderson, Executor of Last Will and Codicil of Lillie Anderson, Deceased, Cross-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied June 8, 1955.

Released for publication June 8, 1955.

Attorney(s) appearing for the Case

G.A. Buresh, of Chicago, for appellants; Arthur H. Schwab, of Chicago, for cross-appellant.

Gregory A. Gelderman, of Chicago, as guardian ad litem for David Howard Bernhagen and Lynn Valerie Bernhagen, minor defendants and appellees; Samuel G. Rautbord, and Irwin S. Baskes, both of Chicago, for appellee Howard A. Bernhagen, guardian of estates of David Howard Bernhagen and Lynn Valerie Bernhagen, minors.

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

This is a suit by plaintiff, individually and as testamentary trustee, for construction of a will. On motions of the Guardian of the Probate Court estate of the minor defendants and of their guardian ad litem, the Chancellor dismissed the suit for want of equity. Plaintiff, individually and as trustee, appealed to the Supreme Court on constitutional grounds and as defendant executrix filed a cross-appeal...

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