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FIRST NAT. BANK OF CHICAGO v. KING

No. 1-93-0060.

635 N.E.2d 755 (1994)

263 Ill. App.3d 813

200 Ill.Dec. 416

The FIRST NATIONAL BANK OF CHICAGO, not in its individual capacity, but as Trustee of the Lydia Niblack Swift Fund under the Last Will and Testament of Louis F. Swift dated December 11, 1936, Plaintiff-Appellee, v. Narcissa Swift KING, Robin Swift Rowan Clarke, Tracy Tullis, and Paul Tullis, Defendants (Nathan B. Swift, Jr., Nathan B. Swift, IV, a minor, and Alden Swift O'Brien, Defendants-Appellees, and Martha Herriott Swift and John Harold Swift, Defendants-Appellants).

Appellate Court of Illinois, First District, Sixth Division.

May 13, 1994.

Attorney(s) appearing for the Case

William G. Myers, Alan S. Madans, Rothschild, Barry & Myers, Chicago, for defendants-appellants Martha Herriott Swift and John Harold Swift.

Russell M. Pelton, Lois K. Winston, Oppenheimer, Wolff & Donnelly, Chicago, for defendants-appellees Nathan B. Swift, Jr., Nathan B. Swift, IV, a minor, and Alden Swift O'Brien.

Justice McNAMARA delivered the opinion of the court:

This appeal is from an order of the circuit court of Cook County in an action for the construction of a will, executed in 1936, limiting gifts over to the "lawful descendants" of the testator's deceased son and his surviving wife. Plaintiff, First National Bank of Chicago, as trustee, filed a complaint for instructions seeking resolution of the conflicting claims asserted by defendants. The trial court held that...

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