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ILLINOIS STATE TRUST CO. v. S. ILL. NAT'L BK.

No. 74-277.

29 Ill. App.3d 1 (1975)

329 N.E.2d 805

ILLINOIS STATE TRUST COMPANY, Plaintiff and Counterdefendant-Appellee, v. THE SOUTHERN ILLINOIS NATIONAL BANK, Defendant, Counterdefendant, Counterclaimant and Cross-Appellant. — (SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Defendant, Counterdefendant, Counterclaimant-Appellant, v. DOROTHY L. CHENOWETH et al., Defendants and Counterclaimants-Appellees.)

Appellate Court of Illinois — Fifth District.

May 29, 1975.

Attorney(s) appearing for the Case

Harold G. Baker, Jr., and John M. Ferguson, of Belleville, and Charles E. Herzog, of Bell, Boyd, Lloyd, Haddad & Burns, of Chicago, for appellant Shriners Hospitals for Crippled Children.

Howard Boman, of Dunham, Boman, Leskera & Churchill, of East St. Louis, for cross-appellant Southern Illinois National Bank.

C.E. Heiligenstein, of Belleville, for appellee Louis Ward.

James O. Brooks and Joseph W. Grady, of Brooks & Grady, of Chicago, for appellees Irene Brooks and Donald Oehmke.

Phillips, Phebus, Tummelson & Bryan, of Urbana (Darius E. Phebus and Joseph W. Phebus, of counsel), for appellees Dorothy L. Chenoweth et al.

Orders affirmed.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

This is an appeal by defendant-appellant, Shriners Hospitals for Crippled Children, from orders entered by the circuit court of St. Clair County denying its counterclaim for a declaration that the residuary clause contained in the will of Jane W. Oehmke, deceased, was insufficient to exercise the testamentary power of appointment conferred...

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