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DE KORWIN v. FIRST NATIONAL BANK OF CHICAGO

Nos. 12571-12574.

275 F.2d 755 (1960)

Margaret DE KORWIN, etc., Plaintiff, v. FIRST NATIONAL BANK OF CHICAGO, etc., et al., Defendants. FIRST NATIONAL BANK OF CHICAGO, as Trustee under the Will of Otto Young, Deceased, Petitioner-Appellee, v. Graveraet Young KAUFMAN, Respondent-Appellee, and Dr. Louis Ruttenberg et al., Respondents-Appellants in No. 12572, and Henry N. Rapaport et al., Respondents-Appellants in No. 12573, and Karl C. Jacobs et al., Respondents-Appellants in No. 12574.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 11, 1960.

Attorney(s) appearing for the Case

Thomas Hart Fisher, Norman Crawford, Chicago, Ill., for Arthur N. Pierson, Jr., and others, appellants.

Louis L. Kahn, Jack A. Diamond, Chicago, Ill., for respondents-appellants Dr. Louis Rutenberg and others.

Hamilton Smith, McDermott, Will & Emery, Daniel M. Schuyler, Chicago, Ill., Donald B. Jones, Newark, N. J., Jay Stough, Joseph R. Julin, William M. James, Jr., Robert V. R. Dalenberg, Chicago, Ill., for respondents-appellants Donald B. Jones and others.

Horace A. Young, William B. McIlvaine, A. Leslie Hodson, Charles R. Aiken, Richard F. Watt, Chicago, Ill., for appellee.

Before DUFFY, KNOCH and CASTLE, Circuit Judges.

Rehearing Denied in No. 12573 April 11, 1960.

DUFFY, Circuit Judge.

Otto Young died November 30, 1906. By his will, he created a trust which was to terminate upon the death of his last surviving daughter, provided his youngest surviving grandchild had attained the age of twenty-one years. Upon termination, the corpus of the trust was to be distributed equally among his grandchildren, with issue of deceased grandchildren representing their parent per stirpes...

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