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COSTELLO v. WARNISHER

Gen. No. 46,111.

4 Ill. App.2d 571 (1955)

124 N.E.2d 542

Frank J. Costello, as Trustee Under Last Will of Thomas H. Costello, Deceased, Plaintiff-Appellee, v. Rose Mary Costello Warnisher et al., Defendants-Appellants. Mabel M. Costello, Individually and as Administratrix of Estate of Frank J. Costello, Deceased, Impleaded Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication March 7, 1955.

Attorney(s) appearing for the Case

Russell Packard, of Chicago, for defendants-appellants.

Wilson & McIlvaine, of Chicago, for impleaded defendant-appellee; Calvin F. Selfridge, and Peter A. Dammann, both of Chicago, of counsel.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from a decree of the superior court of Cook county dismissing what appellants call a bill of review. The bill seeks to modify a decree previously entered in the same case. That decree construes the will of Thomas H. Costello who died August 4, 1926, and provides for distribution of funds derived from the sale of the corpus of a trust thereby created. The will is long and complicated. Among...

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