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LYTTON v. COLE

Gen. No. 49,561.

54 Ill. App.2d 161 (1964)

203 N.E.2d 590

Henry D. Lytton, Ware Lynch, Louise L. Gaston (Formerly Known as Louise Lynch Getty), and Walter Lytton, Plaintiffs-Appellants, v. Willard W. Cole, et al. First National Bank of Chicago, a National Banking Association, Lytton's, Henry C. Lytton & Co., a Corporation, Helene Williman, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

December 14, 1964.

Attorney(s) appearing for the Case

Richard F. Watt, David R. Kentoff, Albert Siegel, and Cotton, Watt, Rockler & Jones, all of Chicago, for appellants.

Raymond T. Denten, Daniel C. McKay, Roger Metz, and Robert E. Samuels, and Ettelson, O'Hagan, Ehrlich & Frankel, all of Chicago, for Willard W. Cole, Leonard B. Ettelson, Carlotta Doty Lytton, and First National Bank of Chicago, appellees.

MR. JUSTICE BURMAN delivered the opinion of the court.

The plaintiffs, beneficiaries of a testamentary trust, brought this action on June 14, 1961, against the defendants as executors under the will and as trustees under the trust charging them with breach of their fiduciary obligations in their dealing with a large block of common stock of Lytton's, Henry C. Lytton and Company, an Illinois corporation, engaged in owning...

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