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O'CONNOR v. GREER

Nos. 76-434, 76-492 cons.

55 Ill. App.3d 253 (1977)

370 N.E.2d 850

NELLIE O'CONNOR et al., Plaintiffs-Appellants, v. RONALD GREER et al., Defendants-Appellees. — NELL ROSS et al., Plaintiffs-Appellees, v. IVAN DEAN et al., Defendants-Appellees. (NELLIE O'CONNOR et al., Intervenors-Appellants.)

Appellate Court of Illinois — Third District.

Opinion filed December 19, 1977.

Attorney(s) appearing for the Case

S. David Simpson, of McLaughlin and Hattery, of Galesburg, for appellants.

William J. Scott, Attorney General, of Chicago, Richard E. Hart and C. Clark Germann, both of Sorling, Northrup, Hanna, Cullen and Cochran, Ltd., of Springfield, Carson D. Klitz, of Rushville, Burrel Barash, of Barash & Stoerzbach, of Galesburg, and Keith F. Scott, of Macomb (Gregory G. Lawton, Assistant Attorney General, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE TRAPP delivered the opinion of the court:

The parties here identified and designated plaintiffs, are the heirs of Mary Olive Woods. They appeal judgments consolidated on appeal which dismiss with prejudice a complaint for declaration of a resulting trust and deny plaintiffs' petition to intervene in a pending action seeking cy pres relief upon a trust. The appellees include the trustees of the Littleton Baptist Church...

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