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MILWARD v. PASCHEN

No. 35067.

16 Ill.2d 302 (1959)

157 N.E.2d 1

W. EMMET MILWARD et al., Appellants, v. HERBERT C. PASCHEN, County Treasurer, et al., Appellees.

Supreme Court of Illinois.

Opinion filed March 20, 1959.

Attorney(s) appearing for the Case

WINSTON, STRAWN, SMITH & PATTERSON, of Chicago, (REUBEN A. BORSCH, FRANK B. GILMER, and DAVID C. KEEGAN, of counsel,) for appellants.

BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRANCIS X. RILEY, and EDWARD J. HLADIS, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Plaintiffs, trustees under an indenture dated February 19, 1945, creating a trust known as National Foundation of Funeral Service, hereinafter referred to as the Foundation, claiming to be a charitable and beneficent organization whose property is used exclusively for school and charitable or beneficent purposes, brought suit in the superior court of Cook County to enjoin the county treasurer...

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