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CITY BANK & TRUST CO. IN DIXON v. MORRISSEY

No. 82-934.

118 Ill. App.3d 640 (1983)

454 N.E.2d 1195

CITY BANK AND TRUST COMPANY IN DIXON, Trustee, Plaintiff-Appellee, v. JOE MORRISSEY, Ex'r of the Will of William Tyne, et al., Defendants-Appellees — (Margaret Henry et al., Defendants-Appellants).

Appellate Court of Illinois — Second District.

Rehearing denied November 7, 1983.

Attorney(s) appearing for the Case

Warren H. Badger and David W. Badger, both of Badger & Badger, of Dixon, and Reese, Reese & Bagley, of Rockford, for appellants.

Charles T. Beckman, of Keller, Magdich & Beckman, of Dixon, for appellees.

Judgment affirmed.

JUSTICE NASH delivered the opinion of the court:

Plaintiff, City Bank and Trust Company, as trustee of the Margaret Tyne Trust (Trust), brought this action seeking instructions as to the proper disposition of the assets remaining in the Trust following the death of the life beneficiary, William Tyne. The circuit court found the Rule in Shelley's Case applicable to the provisions of the Trust and ordered the real assets of the Trust distributed...

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