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LOGAN v. HARRIS TRUST & SAVINGS BANK

Gen. No. 46,542.

8 Ill. App.2d 61 (1955)

130 N.E.2d 211

Spencer H. Logan, as Successor Trustee Under Trust Agreement Dated December 29, 1939, and Known as the Logan Real Estate Trust, Plaintiff-Appellee, v. Harris Trust & Savings Bank, as Executor of and Trustee Under Last Will of Stuart Logan, Deceased; William R. O'Donnell, Individually and as Executor of and Trustee Under Last Will of Stuart Logan, Deceased; Shirley Schoeller et al.; Continental Illinois National Bank & Trust Company of Chicago, as Executor of Last Will of Harriet E. Montgomery, Deceased; Judith M. Nichols et al.; Defendants. Harris Trust & Savings Bank, as Executor of and Trustee Under Last Will of Stuart Logan, Deceased; William R. O'Donnell, Individually and as Executor of and Trustee Under Last Will of Stuart Logan, Deceased; Gladys Terbell Busk et al.; Continental Illinois National Bank & Trust Company of Chicago, as Executor of Last Will of Harriet E. Montgomery, Deceased; Judith M. Nichols et al.; Defendants-Appellees. Shirley Schoeller and Phoebe Logan, Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

Released for publication December 14, 1955.

Attorney(s) appearing for the Case

Kirkland, Fleming, Green, Martin & Ellis, of Chicago, for appellant, Shirley Schoeller; Isham, Lincoln & Beale, of Chicago, for appellant, Phoebe Logan; Weymouth Kirkland, Bartlett S. Marimon, James P. Dillie, Georges H. Dapples, Arthur C. Gehr, and Edward G. Proctor, all of Chicago, of counsel.

Haight, Goldstein & Haight, and McBride & Baker, all of Chicago, for certain defendants-appellees; George I. Haight, Chas. H. Lerch, Edward H. Baker, Jr., and Robert B. Gerrie, all of Chicago, of counsel; Dallstream, Schiff, Hardin, Waite & Dorschel, of Chicago, for appellee, Loraine Felton; Louis Hardin, of Chicago, and Dwight W. Croessman, of Oaklawn, of counsel; McBride & Baker, of Chicago, for certain appellees, Continental Illinois National Bank & Trust Company of Chicago, as Executor, Harriet W. Phelps, and Judith C. Wietz.

JUDGE ROBSON delivered the opinion of the court.

This is an action filed by plaintiff, Spencer H. Logan, trustee of an inter vivos trust, in the nature of an interpleader for construction of the last will and testament of Stuart Logan, deceased. The issue presented to the trial court was whether Stuart Logan by his will exercised a power of appointment over his interest in an inter vivos trust. The trial court held that there was a conflict between Articles Fourth...

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