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WEST v. STORM

Gen. No. 65-57.

71 Ill. App.2d 245 (1966)

217 N.E.2d 825

Wilson H. West, et al., Plaintiffs-Appellants, v. Vernon K. Storm, et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied June 22, 1966.

Attorney(s) appearing for the Case

James B. Wham, Wham & Wham, of Centralia, for appellants.

Charles E. Herzog, of Chicago (Bell, Boyd, Lloyd, Haddad & Burns, of counsel), for Shriners Hospitals for Crippled Children, appellee. Charles E. Bliss, of Taylorville (Hershey and Bliss, of counsel), for Vernon K. Storm and St. Louis Union Trust Co., as executors, and Vernon K. Storm, Irma Jett and St. Louis Trust Co., as trustees, under the will of Albert H. Sebastian, deceased, appellees.

EBERSPACHER, J.

The circuit court on motion dismissed Count II of plaintiff's complaint to construe the will of Albert H. Sebastian, filed by certain heirs at law. Count II is based on the theory that certain provisions of the will violate the rule against perpetuities and the statute restricting accumulations.

The principal dispute concerns the meaning of the last paragraph of the first item of the will. The...

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