SCHOENDIENST v. FINK

Gen. No. 64-85.

58 Ill. App.2d 203 (1965)

207 N.E.2d 325

Oscar Schoendienst, Executor of the Last Will and Testament of Sallie Sadler Norcross, Deceased, Plaintiff-Appellee, v. Jordan Fink, Wilene Fink Smith, First Methodist Church of Carlyle, Illinois, a Religious Corporation, Immanuel United Church of Christ, Carlyle, Illinois, a Duly Organized Unincorporated Religious Association, First Baptist Church of Carlyle, Illinois, a Duly Organized Unincorporated Religious Association, Fernando Norcross, et al., Defendants, and Scott Lodge No. 79, A F & A M, Carlyle, Illinois, a Duly Organized Unincorporated Association and Carlyle Chapter Order of the Eastern Star 518, Carlyle, Illinois, a Duly Organized Unincorporated Association, Defendants-Appellants, and Carlyle Cemetery Association, Carlyle, Illinois, a General Not for Profit Corporation, Irene Davis, et al., Defendants-Cross Appellants.

Appellate Court of Illinois — Fifth District.

Supplemental opinion, May 21, 1965.


Attorney(s) appearing for the Case

Holt, House & DeMoss, of Nashville, for appellants.

Eldon E. Hazlet and William W. Warren, of Carlyle, for defendants-cross appellants.


GOLDENHERSH, J.

Sallie Sadler Norcross died testate on October 11, 1962. Her last will and testament executed on April 7, 1959, and a codicil dated June 12, 1961, were admitted to probate. Her executor filed suit to construe the clauses of her will hereinafter set forth.

"EIGHTEENTH — I give and bequeath our home at 710 Fairfax Street in Carlyle, Illinois, to Scott Lodge No. 79 A F & A M, of Carlyle, Illinois, and Carlyle Chapter Order of the Eastern...

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