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IN RE MARRIAGE OF GROSS

Nos. 1-98-2975, 1-99-3083.

756 N.E.2d 312 (2001)

324 Ill. App.3d 872

258 Ill.Dec. 330

In re MARRIAGE OF Lily GROSS, Petitioner-Appellee, and Jeffrey David Gross, Respondent-Appellant and Cross-Appellee (Lily J. Gross, Indiv. and as Director and Beneficiary of Land Trust Number 274, First National Bank of Northbrook, Trustee, Plaintiff v. Jeffrey David Gross, Defendant and Counterdefendant (Success National Bank, Defendant and Counterdefendant-Appellee; First National Bank of Northbrook, as Trustee under Trust Agreement dated November 9, 1984 and known as Trust No. 274; Jeffrey Gross; Lily Gross; "Unknown Owners" and Non-Record Claimants, Defendants and Counterplaintiffs; Lawrence S. Starkopf, Contemnor and Cross-Appellant)).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied August 22, 2001 and September 6, 2001.

Attorney(s) appearing for the Case

Barry H. Greenburg, Chicago, for Jeffrey Gross.

Lawrence S. Starkopf, Pepi Camerlingo, Grund & Starkopf, P.C., Chicago, for Lily Gross.

Charles W. Siragusa, Crowley, Barrett & Karaba, Ltd., Chicago, for First National Bank of Northbrook.

Rosenthal and Schanfield, P.C., Chicago (James M. Dash, Stephen P. Kikoler, of counsel), for Success National Bank.

Justice GREIMAN delivered the opinion of the court:

First National Bank of Northbrook, as trustee under trust agreement No. 274 (First National), held title to a parcel of real estate in Northbrook, Illinois, pursuant to the terms of a trust agreement dated November 9, 1984, which designated Lily Gross (Lily) as the owner of the beneficial interest and the holder of the power of direction. Some time thereafter, First National, as trustee, executed a mortgage in the...

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