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HARRIS TRUST AND SAV. BANK v. DONOVAN

No. 1-89-0984.

560 N.E.2d 1175 (1990)

203 Ill. App.3d 259

148 Ill.Dec. 578

HARRIS TRUST AND SAVINGS BANK, as Trustee of the Marital Trust and the Family Trust under the Thomas J. Donovan Trust dated July 26, 1982, Plaintiff-Appellee, v. John M. DONOVAN, Patricia D. O'Rourke and Hallam Thomas Donovan, Defendants (Hallam Thomas Donovan, Defendant-Appellant).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied October 16, 1990.

Attorney(s) appearing for the Case

Michael J. Dolesh, Barbara J. Mulvanny and Fred J. Posont of Keck, Mahin & Cate, Chicago, and Frank J. Roan, Sarasota, Fla., for defendant-appellant.

James J. Carroll and Karen K. Melbinger of Sidley & Austin, Chicago, for plaintiff-appellee.

Justice BILANDIC delivered the opinion of the court:

Plaintiff, Harris Trust and Savings Bank, as Trustee of the Marital Trust and the Family Trust under the Thomas J. Donovan Trust dated July 25, 1982 (hereinafter Trustee), filed a complaint for declaratory judgment asking the court to declare that the Family Trust be divided into two separate trusts, one for the benefit of defendant, John M. Donovan, and one for the benefit of defendant, Patricia D. O'Rourke. Defendants...

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