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CROSS v. CROSS

Nos. 88-1225, 88-1611 cons.

177 Ill. App.3d 588 (1988)

532 N.E.2d 486

JOHN CROSS et al., Plaintiffs-Appellees, v. GILBERT L. PERRY CROSS, Defendant-Appellant (The Northern Trust Company, Defendant-Appellee; Delta Upsilon Fraternity, Defendant).

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

Rehearing denied February 10, 1989.

Attorney(s) appearing for the Case

Richard J. Prendergast, Ltd., and Michael C. Strening, Ltd., both of Chicago (Richard J. Prendergast, James Prendergast, and Michael J. Strening, of counsel), for appellant.

Robert K. Blain, of Altheimer & Gray, of Chicago, for appellees John Cross and Mark Cross.

Schuyler, Roche & Zwirner, of Chicago, for appellee Northern Trust Company.

Affirmed in part, and reversed in part and remanded.

JUSTICE McNAMARA delivered the opinion of the court:

In April 1984, decedent Mary M. Cross died, leaving her estate in trust and granting her son David Cross a testamentary power of appointment to distribute the estate under his will to a "descendant" of Mary. In May 1984, David adopted an adult, defendant Gilbert L. Perry Cross, as his son and executed a will exercising his power of appointment in favor...

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