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JOHNSON v. LA GRANGE STATE BANK

Nos. 49875-76, 50207.

73 Ill.2d 342 (1978)

383 N.E.2d 185

H. FRANKLIN JOHNSON, Appellee, v. LA GRANGE STATE BANK, Trustee, et al., Appellants. — JOHN F. HAVEY, Ex'r, et al., Appellants, v. FRANCES B. PATTON, Indiv. and as Ex'r, et al., Appellees.

Supreme Court of Illinois.

Opinion filed November 22, 1978.

Attorney(s) appearing for the Case

Moriarty, Rose & Hultquist, Ltd., of Chicago (Robert C. Hultquist and Kathleen Ross, of counsel), for appellants.

Harvey J. Barnett, Robert R. Tepper, Robert I. Berger, Ross P. Benjamin, and Sybil C. Malinowski, of Chicago (Rosenthal and Schanfield, of Chicago, of counsel), for appellee.

Raymond F. Simon, of Chicago (Gemma Allen, of counsel), guardian ad litem.

Concannon, Dillon, Snook & Morton, of Chicago, for amicus curiae Corporate Fiduciaries Association of Illinois.

Sherman P. Corwin, Scott Ellwood, William K. Stevens, John C. Williams and James N. Zartman, of Chicago, for the Illinois State Bar Association and the Probate Practice and Trust Law Committees of the Chicago Bar Association.

Edward F. Casey of Casey & Casey, of Springfield, for appellant John F. Havey.

Anthony J. Manuele, of Springfield, for appellee Frances B. Patton.

Affirmed in part and reversed in part. Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

These consolidated cases involve the validity of inter vivos transfers of property by one spouse against the marital rights of the surviving spouse in the property transferred.

Johnson v. La Grange State Bank, cause Nos. 49875 and 49876, concerns an inter vivos trust created by Eleanor Johnson for the ultimate benefit of several...

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