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JONES v. HERITAGE PULLMAN BK. & TRUST CO.

Nos. 86-2758, 87-0838 cons.

164 Ill. App.3d 596 (1987)

518 N.E.2d 178

THOMAS V. JONES, JR., et al., Plaintiffs-Appellants, v. HERITAGE PULLMAN BANK AND TRUST COMPANY, f/k/a Pullman Bank and Trust Company, Ex'r of the Will of Margaret Daniel, Deceased, et al, Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied January 21, 1988.

Attorney(s) appearing for the Case

Richard C. Moenning, of Chicago, for appellants.

Wildman, Harrold, Allen & Dixon, of Chicago (Jerald P. Esrick, Robert E. Hamilton, and James T. Nyeste, of counsel), for appellee Heritage Pullman Bank and Trust Company.

Patrick T. Murphy, Public Guardian, and Marsha Hayes, guardian ad litem, both of Chicago, for minor and unborn children.

Affirmed in part and reversed in part.

JUSTICE JIGANTI delivered the opinion of the court:

This appeal involves the construction of a testamentary trust created by the will of the decedent, Margaret Daniel. The will directed the trustee, Heritage Pullman Bank and Trust Company (Heritage), to sell the decedent's nine-unit apartment building, invest the proceeds from the sale and pay annuities to certain of the plaintiffs, who are beneficiaries of the trust...

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