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FIRST NAT. BANK v. HOME OF THE GOOD SHEPHERD

Gen. No. 11,669.

40 Ill. App.2d 31 (1963)

189 N.E.2d 361

The First National Bank of Peoria, Illinois, Administrator de bonis non With Will Annexed of the Estate of William V. Dufner, et al., Plaintiffs, John Wayne Dufner, Individually and as Executor of the Estate of Margaret Alice Davis, Deceased, Plaintiffs-Appellants, v. Home of the Good Shepherd, an Illinois Not-for-Profit Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District, Second Division.

Additional Opinion April 15, 1963.

Rehearing denied April 15, 1963.

Attorney(s) appearing for the Case

Samuel Saxon, of Plainfield, for appellant, John Wayne Dufner.

McConnell, Kennedy, McConnell & Morris, of Peoria, for appellee.

SPIVEY, J.

William V. Dufner died, leaving a will with a residuary bequest to "The Home of the Good Shepherd, of the City of Peoria, Illinois." A suit was brought by the executor of Dufner's estate and certain heirs to construe the will to determine what disposition to make of the particular bequest, since, the executor claimed there was no such home in existence in Peoria, Illinois on the date of death of the decedent, on the date the residuary bequest became effective...

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