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BRISSENDEN v. BABCOCK

Gen. No. 10,948.

100 Ill. App.2d 207 (1968)

241 N.E.2d 209

Oscar D. Brissenden, as Successor Trustee Under the Last Will and Testament of Mary H. Babcock, Deceased, Plaintiff-Appellee, v. Joseph S. Babcock, et al., and the American Red Cross, a Corporation, Defendants-Appellees, The Salvation Army, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied November 13, 1968.

Attorney(s) appearing for the Case

Niven and Clay, of Pontiac (Alonzo William Clay, of counsel), for appellant.

Irving Goodman, of Chicago, Fellheimer & Fellheimer, and Ortman, Johnson & Taylor, of Pontiac, for appellees.

SMITH, P.J.

In essence, the issue before us is one of construction. Other avenues have been suggested for resolution, some rather attractive, but we shun to travel them for the very simple reason that we lack an imprimatur in the record. Upon argument exploration of such avenues seemed worthwhile and we suggested and received supplementary briefs directed to a possible disposition by way of res judicata, consent or estoppel. Whatever momentary appeal these doctrines...

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