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OAK PARK TRUST & SAVINGS BANK v. FISHER

Gen. No. 51,253.

82 Ill. App.2d 251 (1967)

225 N.E.2d 377

Oak Park Trust & Savings Bank, as Trustee Under Trust Agreement Dated October 8, 1964, Identified as Trust No. 4731, Plaintiff-Appellee, v. Bertha Gae Fisher, Defendant, John H. Vierow, Third-Party Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

February 20, 1967.

Attorney(s) appearing for the Case

Fleck & Pollack, of Chicago (Charles J. Fleck and William E. Pollack, of counsel), for appellant, John H. Vierow.

Herrick, Vette, McNeill & McElroy, of Chicago (William T. McNeill and Ray W. Fick, Jr., of counsel), for appellee, Oak Park Trust & Savings Bank.

Emanuel Morris, pro se, of Chicago, guardian ad litem for appellee, Bertha Gae Fisher.

Samuel Deutsch, of Chicago, for certain intervenors-appellees.

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

This is an appeal by a third-party defendant from a decree which found that defendant, Bertha Gae Fisher, was competent when she executed a trust agreement on October 8, 1964, and that "at any time after December 9, 1964," she was not competent to revoke the trust agreement. Purported acts of revocation were found to be void because of defendant's incompetency...

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