CONTINENTAL ILLINOIS NAT. BANK v. LLEWELLYN

Gen. No. 49,761.

67 Ill. App.2d 171 (1966)

214 N.E.2d 471

Continental Illinois National Bank and Trust Company of Chicago, as Trustee Under the Will of Silas J. Llewellyn, Deceased, Plaintiff-Appellee, v. Mary Isabelle Llewellyn, et al., Defendants-Appellees, Elizabeth Llewellyn Warner, et al., Defendants-Appellants, Continental Illinois National Bank of Chicago and Everett Stone, as Executors Under the Will of Gertrude L. Stone, Deceased, Defendants-Appellants, Fidelity-Philadelphia Trust Company, as Trustee, etc., Richard Kadish, et al., Elizabeth P. Stoddard, et al., Ester M. Sobel, etc., et al., William Goldberg, et al., Leonard P. Levy, et al., Allen Kandell, et al., John K. Jacobs, et al., Martin Rosenthal, William Goldberg, Benjamin Byer, et al., and Samuel Liss, Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied February 15, 1966.


Attorney(s) appearing for the Case

Wilson & McIlvaine, of Chicago (William B. McIlvaine and Clarence E. Fox, of counsel), and McDermott, Will & Emery, of Chicago (Hamilton Smith and Frank J. Uvena, of counsel), for Elizabeth Llewellyn Warner, et al., defendants-appellants. David H. Armstrong, of Aurora, for Continental Illinois National Bank and Trust Company of Chicago and Everett Stone, as Executors, defendants-appellants. Sidley, Austin, Burgess & Smith, Thomas H. Fisher and Norman Crawford, of Chicago (Henry A. Preston and Alice M. Bright, of counsel), for Fidelity-Philadelphia Trust Company, as Trustee, etc., et al., defendants-appellants.

Eckhart, McSwain, Hassell & Husum, of Chicago (William A. McSwain and M.A. Palumbo, of counsel), for Mary Isabelle Llewellyn, et al., defendants-appellees. Harry J. Myerson, of Chicago, for William Mooney Valentine, also known as Charles Callison, a Minor, defendant-appellee. Jerold S. Solovy and Donald R. Harris, of Chicago (Raymond, Mayer, Jenner & Block, of counsel), for Continental Illinois National Bank and Trust Company of Chicago, as Trustee, plaintiff-appellee.


MR. JUSTICE BURKE delivered the opinion of the court.

This complaint was filed by the Trustee under the Last Will and Testament of Silas J. Llewellyn, for the construction of the Will and for the determination of questions stated in the Trustee's original complaint and the amended and supplemental complaint.

Silas J. Llewellyn died in 1925, in Chicago, at nearly 65 years of age. He was survived by his wife, Mary E. Llewellyn, and by his three children, Paul...

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