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ART INSTITUTE OF CHICAGO v. CASTLE

Gen. No. 46,771.

9 Ill. App.2d 473 (1956)

133 N.E.2d 748

Art Institute of Chicago, Plaintiff, v. Latham Castle, Attorney General of State of Illinois, Defendant. National Sculpture Society, Petitioner to Intervene — Appellant, v. Art Institute of Chicago, Plaintiff and Appellee, and Latham Castle, Attorney General of State of Illinois, Defendant and Appellee.

Appellate Court of Illinois — First District, First Division.

Released for publication April 30, 1956.

Attorney(s) appearing for the Case

David Oppenheim, of New York, and Hastings, Snyder and Rockwell, of Chicago, for petitioner to intervene; David Oppenheim, of New York, and Laurens G. Hastings, George W.K. Snyder, and David P. List, all of Chicago, of counsel.

Latham Castle, Attorney General of State of Illinois, for appellee; William C. Wines, and Raymond S. Sarnow, Assistant Attorneys General, both of Chicago, of counsel.

Eckhart, Klein, McSwain & Campbell, of Chicago, for appellee Art Institute of Chicago; Percy B. Eckhart, William A. McSwain, and Howard F. Husum, all of Chicago, of counsel.

JUDGE BURKE delivered the opinion of the court.

On November 25, 1904, Benjamin F. Ferguson made his last will. The Northern Trust Company was named as trustee. He died on April 10, 1905. The will was admitted to probate in the Probate Court of Cook County and the estate was duly administered and distributed. Subparagraph (e) of the Fifth paragraph of the will reads:

"My said Trustee after paying the bequests...

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