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STATE BANK OF HAVANA v. CORDES

No. 4-87-0779.

168 Ill. App.3d 525 (1988)

522 N.E.2d 783

THE STATE BANK OF HAVANA, Trustee under the Last Will and Testament of Jacob H. Cordes, Deceased, Plaintiff-Appellee, v. HARRY CORDES et al., Defendants-Appellees (The Mason District Hospital, Defendant-Appellant).

Appellate Court of Illinois — Fourth District.

Opinion filed April 14, 1988.

Attorney(s) appearing for the Case

Steven B. Morgan, of Perbix & Morgan, of Havana, for appellant.

Edward P. Miller, of Havana, for appellee State Bank of Havana.

Judith N. Lozier, of Law Offices of Alan D. Tucker, P.C., of Havana, for appellees Harry Cordes and Ruth Cordes.

Order affirmed.

JUSTICE KNECHT delivered the opinion of the court:

This case involves the question of whether a will is so ambiguous as to require construction by the court, and, if so, whether the will permits invasion of the corpus of a trust established by the will in order to obtain sufficient funds to meet the needs of the principal beneficiaries of the trust. We hold the circuit court properly construed the will and ruled the needs of the principal beneficiaries...

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