CONTINENTAL NAT. BANK AND TRUST CO. v. CLANCY

No. 35278.

18 Ill.2d 124 (1959)

163 N.E.2d 523

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, v. DONALD MERRILL CLANCY et al., Appellants. — (FRANK B. CLANCY et al., Appellees.)

Supreme Court of Illinois.

Rehearing denied January 18, 1960.


Attorney(s) appearing for the Case

MacLEISH, SPRAY, PRICE & UNDERWOOD, of Chicago, (WINFIELD T. DURBIN, of counsel,) for appellants.

TENNEY, SHERMAN, BENTLEY & GUTHRIE, of Chicago, (KENNETH B. HAWKINS, of counsel,) for appellees.


Judgment affirmed.

Mr. JUSTICE DAVIS delivered the opinion of the court:

This case presents a question of the construction of an inter vivos trust limiting gifts over to "issue" and "grandchildren" of the settlor. The plaintiff, Continental Illinois National Bank and Trust Company of Chicago, as trustee, filed its complaint to construe a trust agreement entered into by Merrill C. Clancy on July 5, 1928. The sole questions raised by the pleadings are...

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