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FIRST NATIONAL BANK OF CHICAGO v. ETTLINGER

No. 71-1226.

465 F.2d 343 (1972)

The FIRST NATIONAL BANK OF CHICAGO, Plaintiff-Appellee, and Frank J. Kelly and Helen H. Hexter, Defendants-Appellees, v. John A. ETTLINGER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 24, 1972.

Attorney(s) appearing for the Case

David P. List and Henry L. Mason, III, Chicago, Ill., for defendant-appellant; Leibman, Williams, Bennett, Baird & Minnow, Chicago, Ill., of counsel.

John W. Hough and John R. F. Baer, Chicago, Ill., James J. Kenny, Miami, Fla., for defendant-appellee Frank J. Kelly; Kelly, Black, Black & Kenny, Miami, Fla., Price, Cushman, Keck & Mahin, Chicago, Ill., of counsel.

Before CUMMINGS, PELL and SPRECHER, Circuit Judges.

CUMMINGS, Circuit Judge.

In 1922, Mr. and Mrs. John D. Hertz, Illinois domiciliaries, established two trusts for the benefit of their son, John D. Hertz, Jr. ("Hertz"). Each trust gave Hertz general testamentary powers of appointment over the corpus of the trusts. He died testate and domiciled in Florida on May 9, 1968. His last will, executed in 1965, contained a residuary clause providing in part:

"All the rest, residue and remainder of my property of whatever...

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