NORTHWESTERN UNIVERSITY v. McLORAINE

Nos. 81-2362, 82-151 cons.

108 Ill. App.3d 310 (1982)

438 N.E.2d 1369

NORTHWESTERN UNIVERSITY, Plaintiff-Appellee, v. HELEN McLORAINE et al., Trustees, et al., Defendants-Appellants. — HELEN McLORAINE et al., Trustees, Plaintiffs-Appellants, v. DAYTON CEMETERY ASSOCIATION et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed August 3, 1982.


Attorney(s) appearing for the Case

Samuel H. Young, of Skokie, and Alan Ganz, of Rooks, Pitts, Fullager & Poust, of Chicago, for appellants Helen McLoraine and Paul F. Cook.

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

Michael C. Weston, of Evanston, and Thomas E. Swaney, Arlene C. Erlebacher, and Shelley C. Chapman, all of Sidley & Austin, of Chicago, for appellee Northwestern University.


Judgment reversed.

JUSTICE DOWNING delivered the opinion of the court:

This consolidated appeal, arising out of related cases in the circuit court, presents us with one question for decision: did the settlor of a revocable inter vivos trust validly amend that trust prior to her death?

Plaintiff Northwestern University filed a complaint seeking construction of a trust, an injunction, and an accounting. After a bench trial, the circuit court issued...

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