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JOHNSON v. LaGRANGE STATE BANK

Nos. 62687, 63031 cons.

50 Ill. App.3d 830 (1977)

365 N.E.2d 1056

H. FRANKLIN JOHNSON, Plaintiff-Appellant, v. LaGRANGE STATE BANK et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed July 7, 1977.

Attorney(s) appearing for the Case

Harvey J. Barnett, Robert R. Tepper, and Robert I. Berger, all of Chicago (Rosenthal and Schanfield, of counsel), for appellant.

Robert C. Hultquist, of Chicago (Moriarty, Rose & Hultquist, Ltd., of counsel), for appellees.

Raymond F. Simon, guardian ad litem, of Chicago (Raymond F. Simon and Gemma Allen, of counsel), for unborn children of appellee Catherine Reed.

Reversed and remanded.

Mr. JUSTICE LINN delivered the opinion of the court:

Plaintiff, H. Franklin Johnson, commenced an action in the circuit court of Cook County to set aside an inter vivos trust established by his late wife, Eleanor Johnson (decedent), insofar as it deprived him of his marital rights. By his suit, plaintiff sought to impose a constructive trust, on the trust assets, to the extent of...

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