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IN RE ESTATE OF LIND

No. 3-99-0708.

734 N.E.2d 47 (2000)

314 Ill. App.3d 1055

248 Ill.Dec. 339

In re ESTATE OF Elizabeth B. LIND, Deceased (James B. McCarter, Petitioner-Appellant, v. Northwestern University, Respondent-Appellee).

Appellate Court of Illinois, Third District.

July 13, 2000.

Attorney(s) appearing for the Case

Keith A. Vogt (argued), Niro, Scavone, Haller & Niro, Charles L. Goodbar, III (argued), Chicago, for James B. McCarter.

James W. Hitzeman, Frederic J. Artwick (argued), Chicago, Thomas G. Cline, Evanston, for Northwestern University.

Mary Elise Burnett, Kankakee, for Appellee.

Presiding Justice SLATER delivered the opinion of the court:

James McCarter, the residuary legatee under the will of Elizabeth Lind, petitioned the trial court to declare that Lind's bequest to "Northwestern University Dental School of Chicago, Illinois" had lapsed. On the motion of Northwestern University (the University) for summary judgment, the trial court denied McCarter's petition. On appeal, McCarter contends that the bequest lapsed because the University's...

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