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SMALLWOOD v. SOUTTER

Gen. No. 46,431.

5 Ill. App.2d 303 (1955)

125 N.E.2d 679

Adaline C. Smallwood, Appellee, v. William H. Soutter, Individually and as Executor Under Last Will of Helen I. Soutter, Deceased, Appellant. St. Louis Masonic Home, and University of Chicago, Appellees.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied March 28, 1955.

Released for publication April 20, 1955.

Attorney(s) appearing for the Case

Hector A. Brouillet, Philip G. Bixler, and Allen H. Meyer, all of Chicago, for appellant.

Bell, Boyd, Marshall & Lloyd, of Chicago, for University of Chicago, defendant-appellee; Thomas R. McMillen, of Chicago, of counsel; Cassius A. Scranton, of Chicago, for Adaline C. Smallwood, plaintiff-appellee; Barnard & Barnard, of Chicago, for Central National Bank in Chicago, trustee under last will of Helen I. Soutter, deceased, appellee; Morton John Barnard, of Chicago, of counsel.

MR. JUSTICE ROBSON delivered the opinion of the court.

Adaline C. Smallwood, plaintiff, filed her complaint against William H. Soutter, individually and as executor under the last will and testament of Helen I. Soutter, deceased, St. Louis Masonic Home and the University of Chicago, to construe the terms of the last will of Helen I. Soutter, deceased, sought the appointment of a trustee to protect the rights of plaintiff and other beneficiaries of a trust purported...

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