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NC ILLINOIS TRUST CO. v. MADIGAN

No. 4-03-0738.

812 N.E.2d 1038 (2004)

351 Ill.App.3d 311

286 Ill.Dec. 23

NC ILLINOIS TRUST COMPANY, n/k/a National City Bank of Michigan/Illinois, as Trustee Under the Will of Earl M. Bane, Deceased, Petitioner-Appellant and Cross-Appellee, v. Honorable Lisa MADIGAN, Attorney General of the State of Illinois, Respondent-Appellee and Cross-Appellant (The Board of Trustees of the University of Illinois; Loyola University of Chicago; The University of Chicago; and Northwestern University, Intervenors-Appellees and Cross-Appellants).

Appellate Court of Illinois, Fourth District.

July 12, 2004.

Attorney(s) appearing for the Case

Jeffrey G. Sorenson (argued), Timothy J. Howard, Howard % Howard Attorneys, P.C., Peoria, for National City Bank of Michigan.

Merrick C. Hayes, Hayes, Hammer, Miles, Cox & Ginzkey, Bloomington, for Board of Trustees University of Ill.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Richard S. Huszagh, Assistant Attorney General (argued), Chicago, for Lisa Madigan.

Justice COOK delivered the opinion of the court:

Earl M. Bane died in 1974. His will directed that his assets be put into a trust to care for his wife during her life and that the residue be used to provide for medical research. Bane's wife predeceased him, and on his death the Earl M. Bane Charitable Trust (trust) was established. The trust, administered by a predecessor to petitioner National City Bank of Michigan/Illinois...

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