CONTINENTAL ILL. NAT'L BK. & T. v. BAILEY

No. 81-129.

104 Ill. App.3d 1131 (1982)

433 N.E.2d 1098

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Trustee, Plaintiff-Appellee, v. ELIZABETH WARD BAILEY et al., Defendants-Appellees. — (JEAN MATILDA WARD MUSICK et al., Defendants-Appellants and Cross-Appellees; JENNIE FRANCES WARD STEWART et al., Defendants-Appellees and Cross-Appellants.)

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

Opinion filed March 18, 1982.


Attorney(s) appearing for the Case

Chapman and Cutler, of Chicago (James N. Zartman and Raymond A. Fylstra, of counsel), for appellants.

Paul A. Lutter and Robert W. Sacoff, both of Ross, Hardies, O'Keefe, Babcock & Parsons, of Chicago, for appellee Martha Jeane Shelhamer.

Jay A. Canel, Lawrence A. Robins, and Don E. Glickman, all of Rudnick & Wolfe, of Chicago, for appellees Jennie Frances Ward Stewart, Edward Ward Stewart, Elizabeth Stewart, and Francis Edward Shelhamer.

Lord, Bissell and Brook, of Chicago, for appellee Continental Illinois National Bank and Trust Company of Chicago.

Gerber and Gerber, of Chicago, for other appellees.


Affirmed in part and reversed in part.

JUSTICE ROMITI delivered the opinion of the court:

This case involves the construction of a will. Originally the property was placed in trusts divided among various children. The trust property of certain children has now been distributed and only property of certain other children remains in trust. Two of these children died recently without issue. According to the will, their trust property under such circumstances...

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