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CONTINENTAL ILL. NAT'L BK. & TR. CO. v. SAX

No. 1-88-3367.

199 Ill. App.3d 685 (1990)

557 N.E.2d 475

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Cotrustee, Petitioner, v. SAMUEL WILLIAM SAX et al., Indiv. and as Cotrustees, et al., Respondents (Edward L. Sax et al., Counterplaintiffs-Appellants; Continental Illinois National Bank and Trust Company of Chicago, Cotrustee, Counterdefendant-Appellee).

Appellate Court of Illinois — First District (5th Division).

Rehearing denied July 18, 1990.

Attorney(s) appearing for the Case

Joyce & Kubasiak, P.C., of Chicago, for appellants.

Mayer, Brown & Platt, of Chicago, for appellees.

Affirmed in part, and vacated in part and remanded.

PRESIDING JUSTICE COCCIA delivered the opinion of the court:

INTRODUCTION

This appeal arises from appellee Continental Bank, N.A.'s administration of two trusts. Appellants Edward L. Sax and George J. Sax filed a counterclaim against appellee, which the circuit court dismissed. Subsequently, the circuit court awarded appellee regular trustee fees, as well as extraordinary trustee fees and attorney...

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