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HARRIS TR. & SAV. BANK v. BEACH

No. 84-2864.

145 Ill. App.3d 682 (1986)

495 N.E.2d 1173

HARRIS TRUST AND SAVINGS BANK, as Trustee under the Will of Frank P. Hixon, Plaintiff, v. FRANCES GLORE BEACH et al., Defendants-Appellees (Charles F. Glore III et al., Defendants-Appellants).

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

Opinion filed June 25, 1986.

Attorney(s) appearing for the Case

Sidley & Austin, of Chicago (Loren E. Juhl, Henry A. Preston, and John C. Vryhof, of counsel), for appellants.

Bell, Boyd & Lloyd, of Chicago (Francis J. Higgins, Robert L. Wiesenthal, and Janet D. Olsen, of counsel), for appellees.

Judgment affirmed.

JUSTICE McNAMARA delivered the opinion of the court:

Frank P. Hixon died in 1931, leaving a testamentary trust under which his wife received the income for her lifetime and a testamentary power to appoint the principal. Hixon's widow died 51 years later, in 1982, and the trustee, Harris Trust Savings Bank brought this action to determine the distribution of the trust. The trial court granted summary judgment in favor of Hixon's two surviving...

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