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WARREN v. ALBRECHT

No. 5-89-0671.

571 N.E.2d 1179 (1991)

213 Ill. App.3d 55

157 Ill.Dec. 160

John WARREN, Plaintiff-Appellant, v. Goldy ALBRECHT, James McGaughey, Emma Oliver, Myrtle McGaughey, David McGaughey, Donald McGaughey, Floyd McGaughey, Carl McGaughey, Bessie Himpstead, Glenn McGaughey, and Patty McGaughey, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied May 13, 1991.

Attorney(s) appearing for the Case

Thomas W. Burkart, Burkart Law Offices, Hamel, for plaintiff-appellant.

Steven N. Mottaz, Thomas, Mottaz, Eastman & Sherwood, Alton, for David McGaughey and Donald McGaughey.

William A. Mudge, Lucco & Brown, Edwardsville, Guardian Ad Litem, for Patty McGaughey (adopted brief of appellees David and Donald McGaughey).

Justice HOWERTON delivered the opinion of the court:

This appeal from an action to quiet title to land in Madison County involves the common law rule against perpetuities. James W. McGaughey devised land as follows:

"I give, devise and bequeath to John T. McGaughey, as Trustee, in Trust for John Warren, my grand-son, the following described real estate to wit: The south Thirty-eight (38) rods of the northeast quarter (NE ¼) of the southeast quarter ...

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