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GUTTMAN v. SCHILLER

Gen. No. 48,710.

39 Ill. App.2d 58 (1963)

187 N.E.2d 315

Morris Reese Guttman, Individually and as Administrator of the Will Annexed of the Estate of Bernard Guttman, Deceased, etc., et al., Plaintiffs-Appellees, v. Jay A. Schiller, Joseph Reese Guttman and Elsie Guttman, etc., et al., Defendants-Appellants. Joseph Reese Guttman, Petitioner-Appellant, v. Morris Reese Guttman, et al., Respondent-Appellee.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied January 31, 1963.

Attorney(s) appearing for the Case

Alfred M. Loeser, of Chicago, for defendants-appellants, and for petitioner-appellant.

Eugene Lieberman, of Chicago, for respondents-appellees.

MR. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

The above captioned case, involving a testamentary trust, was opened in 1930. The present action arises from a petition filed in 1957 by Joseph Reese Guttman (Joseph), the trustee and a beneficiary of the testamentary trust which was created by his father and mother, Bernard and Elsie Guttman. The senior Guttmans executed their joint will in 1929 giving to each other all right, title and interest in...

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