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GORIN v. McFARLAND

Gen. No. 11,022.

108 Ill. App.2d 348 (1969)

247 N.E.2d 620

Orville B. Gorin, et al., Plaintiffs, v. James M. McFarland, et al., Defendants. R. Wayne Gill, J.W. Patterson, and William G. Traver, Plaintiffs-Appellees, v. Lee Boland, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

May 13, 1969.

Attorney(s) appearing for the Case

Lee Boland, pro se, of Decatur, and Harris and Harris, of Lincoln (Homer B. Harris, Jr. and Lee Boland, of counsel), for appellants.

Downing, Smith, Jorgenson & Uhl, of Decatur (Elbert S. Smith, of counsel), for appellees.

SMITH, J.

To function lawfully, must the five trustees administering the charitable trust created by the will of James Millikin act unanimously or may they act by a majority vote of the trustees? The trial court held that a majority vote was sufficient and defendant Boland, one of the trustees, appeals. The trial court's decree is in error, he says, because (a) declaratory judgment relief is neither appropriately alleged nor adequately proven, and (b) the law requires...

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