CHICAGO TITLE & TRUST CO. v. VANCE

No. 87-2105.

175 Ill. App.3d 600 (1988)

529 N.E.2d 1134

CHICAGO TITLE & TRUST COMPANY, Plaintiff-Appellee, v. PETER VANCE et al., Defendants-Appellees (Patricia Mendel et al., Defendants-Appellants).

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied November 9, 1988.


Attorney(s) appearing for the Case

Daniel Stralka, of Davis & Cichorski, of Chicago, for appellant Richard Rosenwald.

John T. Hickey, Jr., and David J. Zott, both of Kirkland & Ellis, of Chicago, for appellant Patricia Mendel.

Robert P. Howington, Jr., of Chicago, for appellees.

John B. Dillon and Jeffrey T. Whipple, both of Concannon, Dillon & Morton, of Chicago, for amicus curiae Corporate Fiduciaries Association of Illinois.


Judgment affirmed.

JUSTICE BILANDIC delivered the opinion of the court:

This case requires construction of a will, executed in 1921, and republished by a codicil, executed in 1924, limiting gifts over to the "lawful issue" of the testator's children. The plaintiff, Chicago Title & Trust Co., as trustee, filed its amended complaint for interpleader seeking resolution of the conflicting claims asserted by defendants. The trial court held, inter alia,...

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