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OHLHEISER v. SHEPHERD

Gen. No. 51,897.

84 Ill. App.2d 83 (1967)

228 N.E.2d 210

Charlotte Catherine Zimmer Ohlheiser, et al., Plaintiffs-Appellees, v. Dana H. Shepherd, Successor Trustee Under the Last Will and Testament of Benedict F. Zimmer, Deceased, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied June 12, 1967.

Attorney(s) appearing for the Case

Sonnenschein Levinson Carlin Nath & Rosenthal, of Chicago (John J. Faissler and Gerald J. Sherman, of counsel), for appellant.

McMahon & Plunkett, of Chicago (Marshal I. McMahon, George H. Masek and Marshal I. McMahon, Jr., of counsel), for appellees.

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

Defendant, Dana H. Shepherd, a resident of Wisconsin and a successor trustee under an Illinois testamentary trust, appeals from a mandatory injunction issued by the Circuit Court of Cook County, which directed him to deliver the corpus of the trust to the clerk of the Circuit Court of Cook County, as custodian. Defendant's theory is that the trial court did not have jurisdiction in personam over defendant...

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