GRAHAM HOSPITAL ASS'N v. TALLEY

No. 74-118.

29 Ill. App.3d 190 (1975)

329 N.E.2d 918

GRAHAM HOSPITAL ASSOCIATION, Plaintiff-Appellant, v. CLAIRE B. TALLEY et al., Trustees, Defendants-Appellees.

Appellate Court of Illinois — Third District.

June 12, 1975.


Attorney(s) appearing for the Case

Claudon, Elson & Lloyd, Ltd., of Canton (James J. Elson, of counsel), for appellant.

Froehling & Taylor and Sebo, Bath & Wilson, both of Canton (Ralph Froehling, of counsel), for appellees.


Decree affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

This action was brought by the plaintiff hospital association against the trustees of a charitable trust requesting that the assets of the trust be delivered to plaintiff under the doctrine of cy pres. The trial court held that, although the construction of a charitable hospital as directed by the settlor was inexpedient and impractical, nevertheless the doctrine of cy pres cannot be...

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