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ORME v. NORTHERN TRUST CO.

Nos. 36509-10-12, cons.

25 Ill.2d 151 (1962)

183 N.E.2d 505

EUGENE ORME et al., v. THE NORTHERN TRUST COMPANY, Trustee, et al., Appellees. — (RAYMOND E. DE HAVEN et al., Appellants.)

Supreme Court of Illinois.

Rehearing denied July 12, 1962.

Attorney(s) appearing for the Case

C. LYSLE SMITH, and JOHN ALDEN POWERS, both of Chicago, for Eugene Orme et al., plaintiffs.

DIXON, MORSE, KNOUFF & HOLMES, of Chicago, (ARTHUR DIXON, and MARSHALL PATNER, of counsel,) for appellants Olive Caldwell et al.

CLAUSEN, HIRSH, MILLER & GORMAN, of Chicago, (NORMAN A. MILLER, and JEROME H. TORSHEN, of counsel,) for appellant Alice Lohrer.

MAYER, FRIEDLICH, SPIESS, TIERNEY, BROWN & PLATT, of Chicago, (LOUIS A. KOHN, EDWARD R. LEV, and THOMAS S. JAMES, of counsel,) for appellant Raymond E. de Haven.

ROLAND TOWLE, PRENTICE H. MARSHALL, and THOMAS P. SULLIVAN, all of Chicago, (THOMPSON, RAYMOND, MAYER, JENNER & BLOOMSTEIN, of counsel,) for appellants Adelheit von Hardenberg et al.

DALLSTREAM, SCHIFF, HARDIN, WAITE & DORSCHEL, of Chicago, (LESTER G. BRITTON, of counsel,) for appellee The Northern Trust Company.

PAUL V. MYRON, of Washington, D.C., Acting Director of Alien Property; JAMES P. O'BRIEN, United States Attorney, and T.W. JAMES, Assistant United States Attorney, both of Chicago, and DALLAS S. TOWNSEND, ARTHUR R. SCHOR, WILLIAM H. ARKIN, and LILLIAN C. SCOTT, all of Washington, D.C., for the Attorney General of the United States.

Modified and affirmed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

Plaintiff Eugene Orme instituted proceedings in 1943 in the circuit court of Cook County to construe the will of Louisa G. Bigelow, which established a trust presently held by the defendant Northern Trust Company. The decree, rejecting plaintiff's interpretation of the instrument but authorizing that attorney fees be paid from the estate, was entered some 15 years later...

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