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RASER v. JOHNSON ET AL.

Gen. No. 10,922.

9 Ill. App.2d 375 (1956)

132 N.E.2d 819

Charles Raser, Raymond Raser by Esther Raser, His Next Friend, and Howard Glatthaar, Plaintiffs-Appellants, v. Oral Johnson et al., A.W. Wellstein, as Trustee, Ogden H. Chamberlain, as Executor of Will of Mary M. Urick, Deceased, and Latham Castle, Attorney General of State of Illinois, Defendants-Appellees, and Margaret Bell, and Neva Bentley, Plaintiffs-Appellees.

Appellate Court of Illinois — Second District.

Released for publication April 9, 1956.

Attorney(s) appearing for the Case

James H. Andrews, Harper Andrews and Campbell Andrews, all of Kewanee, for appellants.

Latham Castle, Attorney General, State of Illinois, pro se, of Springfield; John L. Davidson, Jr., First Assistant Attorney General, of Springfield, John G. Smith, and J. Calvin Bostian, both of Springfield, and Reynolds M. Everett, of Galva, Assistant Attorneys General, of counsel; Joseph L. Shaw, of Geneseo, for A.W. Wellstein, and Ogden H. Chamberlain, appellees.

JUSTICE EOVALDI delivered the opinion of the court.

This is an appeal from a decree of the circuit court dismissing a complaint for want of equity on motions of defendants. Plaintiffs claim their suit was brought for the purpose of construing paragraph Seventh of the will of Mary M. Urick, deceased, providing as follows:

"SEVENTH: I give, devise and bequeath all the rest, residue and remainder of my estate to A.W. Wellstein, M.D., of Geneseo, Illinois, in...

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