IN RE ESTATE OF NICHOLSON

Nos. 1-92-3159, 1-93-4198.

644 N.E.2d 47 (1994)

268 Ill. App.3d 689

205 Ill.Dec. 831

In re ESTATE OF John N. NICHOLSON, M.D., Deceased (Michael Nicholson, Petitioner and Plaintiff-Appellant, v. The Northern Trust Company, Ex'r, Respondent and Defendant-Appellee).

Appellate Court of Illinois, First District, Fifth Division.

December 9, 1994.


Attorney(s) appearing for the Case

Corner, Finn, Nicholson & Charles, Brooklyn, NY, for appellant (Michael Nicholson, of counsel).

Sidley & Austin, Chicago, for appellee (James J. Carroll and Gerard D. Kelly, of counsel).


Presiding Justice COUSINS, Jr. delivered the opinion of the court:

Michael Nicholson (plaintiff), son and sole heir to decedent Dr. John N. Nicholson, sued The Northern Trust Company (Northern), which served as executor under Dr. Nicholson's will and as successor trustee under Dr. Nicholson's declaration of trust. Plaintiff pled eight counts alleging that the will and the trust were invalid. Northern filed a motion to dismiss on the pleadings, which was granted as...

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