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TRUGMAN v. KLEIN

Gen. No. 51,157.

82 Ill. App.2d 389 (1967)

226 N.E.2d 521

Harry L. Trugman, as Trustee, etc., et al., Plaintiffs-Appellees, v. Patricia Sylvia Klein, as Executor of the Estate of Bertram A. Klein, Deceased, et al., Defendants-Appellants, and Marjorie Gardner, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied May 22, 1967.

Attorney(s) appearing for the Case

Tenney, Bentley, Guthrie & Howell, of Chicago (Edwin H. Conger, of counsel), for appellants.

Fischel, Kahn, Weinberg, Diamond & Brusslan, of Chicago (Max H. Weinberg, of counsel), for defendants-appellees.

MR. JUSTICE DRUCKER delivered the opinion of the court.

This is an appeal from a decree construing the terms of a living trust established by Lottie Klein, who was deceased prior to the commencement of this action.

In 1962 plaintiffs, as trustees, filed a suit seeking a determination of whether $90,000 was distributable as trust income or whether it constituted trust corpus. In 1964 Bertram Klein and his wife, Patricia, filed a counterclaim requesting a determination...

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