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FIRST NATIONAL BANK v. ALLEMAN

No. 81-2035.

115 Ill. App.3d 224 (1983)

450 N.E.2d 760

FIRST NATIONAL BANK OF WINNETKA, Plaintiff and Counterdefendant-Appellee, v. LILLIAN ALLEMAN et al., Defendants-Appellees. — (Jeanette Markin, Defendant and Counterplaintiff-Appellant.)

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied July 8, 1983.

Attorney(s) appearing for the Case

Lowell J. Myers, of Chicago, for appellant.

Carter Howard and James A. Flesch, both of Keck, Mahin & Cate, of Chicago, for appellee First National Bank of Winnetka.

Howard R. Slater, of Slater and Lieberman, of Chicago, for appellees Steven L. Amdur and Neal O. Amdur.

Aaron E. Hoffman and Barbara C. Herbert, both of Altheimer & Gray, of Chicago, for appellees Arvin Rieger, Bessie Katz Rieger, and Ruth Rieger Karlin.

Reversed and remanded.

JUSTICE WHITE delivered the opinion of the court:

First National Bank of Winnetka (the Bank), appellee, as successor trustee under a testamentary trust created under the last will of Toby Provus, brought this action seeking construction by the court of Article Eight (c)(e) of that will which distributes two-thirds of the corpus of the trust in specified amounts to certain named beneficiaries and the remainder to "all nieces and nephews...

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