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NORTHERN TRUST CO. v. MOSCATELLI

Gen. No. 49,179.

54 Ill. App.2d 316 (1964)

203 N.E.2d 447

The Northern Trust Company, Walter J. Madigan and Marshall G. Sampsell, as Trustees Under the Last Will of Eber B. Ward, Deceased, and as Trustees Under an Indenture of Trust, Made and Executed by Yolande Elimienne Ward, Deceased, Plaintiffs-Appellees, v. Giuseppe Carlo Moscatelli, Luca Schenini, and Fred Utz, as Executor Under a Certain Document Purporting to be a Last Will of Lina Kunz Dahmer, Deceased, Unknown Legatees, Intestate Successors, Heirs or Successors in Interest of Yolande E. Ward or Eber B. Ward, Deceased, or Certain Other Deceased Person or Persons, and Unknown Owners, Defendants-Appellees. On Appeal of Eugenie Phyllis Ward and Therese DeHeeckeren (or "DeHuekeren") D'Anthes (Also Known as Marcelle Patto), Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

December 24, 1964.

Attorney(s) appearing for the Case

Madigan and Thorsen, of Chicago, for Eugenie Phyllis Ward, appellant. Miller, Gorham, Wescott & Adams, of Chicago (Robert Thorsen and William P. Hodgkins, Jr., of counsel), for Therese de Heeckeren (or "De Huekeren") d'Anthes (also Known as Marcelle Patto), appellant.

Horatio Tocco and William Pellicore, of Chicago, for Giuseppe Carlo Moscatelli, appellee.

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

This is an appeal from a decree construing the will of Yolande E. Ward in accordance with the contentions of defendant-appellee Giuseppe Carlo Moscatelli. Plaintiffs are trustees under both a testamentary trust created by the will of Eber B. Ward, executed in 1915, and an inter vivos trust created by his daughter Yolande E. Ward in 1932. Their complaint...

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