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DEP'T OF MENTAL HEALTH AND DEV. DISABILITIES v. PHILLIPS

No. 61997.

114 Ill.2d 85 (1986)

500 N.E.2d 29

THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Appellant, v. KEVIN E. PHILLIPS, Trustee, et al., Appellees.

Supreme Court of Illinois.

Opinion filed October 17, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Jill Wine-Banks and Roma Jones Stewart, Solicitors General, and Kathryn A. Spalding, Assistant Attorney General, of Chicago, of counsel), for appellant.

Lee Ann Watson and David K. Schmitt, of Katten, Muchin, Zavis, Pearl & Galler, of Chicago, for appellees.

Appellate court affirmed in part and reversed in part; circuit court affirmed in part and reversed in part; cause remanded.

JUSTICE WARD delivered the opinion of the court:

The Department of Mental Health and Developmental Disabilities (Department) filed a petition in the circuit court of Cook County seeking reimbursement from Kevin E. Phillips (respondent) as the trustee of a spendthrift trust established for the benefit of his brother, Steven, a mentally...

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