STUART v. CONTINENTAL ILL. NAT'L BANK

Nos. 49070, 49074 cons.

68 Ill.2d 502 (1977)

369 N.E.2d 1262

ELIZABETH B. STUART et al., Appellants, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 23, 1977.


Attorney(s) appearing for the Case

John J. Waldron, William T. Hart, Allan Horwich, and Joan Steinman, of Schiff, Hardin & Waite, of Chicago, for appellant Elizabeth B. Stuart.

Samuel W. Witwer, J. Alfred Moran, Samuel W. Witwer, Jr., and Timothy R. Young, of Witwer, Moran, Burlage & Atkinson, of Chicago, for appellant Illinois Institute of Technology.

William A. McSwain and James O. Silliman, of Eckhart, McSwain, Hassell & Silliman, of Chicago, for appellant Art Institute of Chicago.

Owen Rall, of Peterson, Ross, Rall, Barber & Seidel, of Chicago, for appellee Museum of Science and Industry.

Roger W. Barrett and Franklin P. Auwarter, of Mayer, Brown & Platt, of Chicago, for appellee Continental Illinois National Bank and Trust Co.

Willard L. King, of King, Robin, Gale & Pillinger, of Chicago, for appellee Chicago Historical Society.

John J. Waldron, William T. Hart, Allan Horwich, and Joan Steinman, of Schiff, Hardin & Waite, of Chicago, for appellee Northern Trust Company, executor of the estate of Harriet F.B. Stuart, deceased.

William H. Oswald, of the Office of General Counsel, Loyola University of Chicago, of Chicago, for appellee Loyola University of Chicago.

Charles E. Herzog, of Bell, Boyd, Lloyd, Haddad & Burns, of Chicago, for appellee University of Chicago.

Christopher W. Wilson, of Hopkins, Sutter, Mulroy, Davis & Cromartie, of Chicago, for appellee Blackburn College.

Rodney Joslin, of Jenner & Block, of Chicago, for appellee Girl Scouts of Chicago.

John Angle, of Kirkland and Ellis, of Chicago, for appellees Boy Scouts of America and Rehabilitation Institute.

Otis H. Halleen, of Sonnenschein, Carlin, Nath & Rosenthal, of Chicago, for appellee Michael Reese Hospital and Medical Center.

Frank J. Madden, of Boodell, Sears, Sugrue, Giambalvo & Crowley, of Chicago, for appellee Union College.

Thomas J. Russell, of Mitchell, Russell & Kelly, of Chicago, for appellee DePaul University.

Michael C. Weston, of the Office of the University Attorney, Northwestern University, of Evanston, for appellee Northwestern University.

Vernon T. Squires, of Wilson & McIlvaine, of Chicago, for appellees Field Museum of Natural History, Orchestral Association, Children's Memorial Hospital, Chicago Boys Clubs and Lake Forest College.

Stephen L. Schar, of Aaron, Aaron, Schimberg & Hess, of Chicago, for appellee American Red Cross.

John M. Rammel, of Williams, Manos, Rutstein, Goldfarb & Sharp, Ltd., of Chicago, for appellee Mercy Hospital and Medical Center.

James J. McClure, Jr., of Gardner, Carton & Douglas, of Chicago, for appellees Rush-Presbyterian-St. Luke's Hospital, Berea College, and Chicago Educational Television Association.

Lee A. Freeman, Sr., of Freeman, Rothe, Freeman & Salzman, of Chicago, for appellee Lyric Opera of Chicago.

Henry X. Dietch, of Davis, Dietch & Ryan, of Chicago, for appellee Salvation Army — Chicago Chapter.

Louis M. Rundio, Jr., of McDermott, Will & Emery, of Chicago, for appellee YMCA of Metropolitan Chicago.


Affirmed in part and reversed in part and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

This appeal involves a dispute between a corporate co-trustee and two individual co-trustees concerning the disposition of a large charitable trust fund created by the will of Harold L. Stuart. The individual co-trustees, the sisters of the late Harold L. Stuart (hereinafter referred to as the Stuart sisters)...

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