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ALTENHEIM GERMAN HOME v. BANK OF AMERICA

No. 2-06-0699.

875 N.E.2d 1172 (2007)

ALTENHEIM GERMAN HOME, Plaintiff-Appellant, v. BANK OF AMERICA, N.A., and Tonya Hintzpeter, Defendants-Appellees.

Appellate Court of Illinois, Second District.

September 24, 2007.

Attorney(s) appearing for the Case

Timothy D. Elliott, R. Terence Kalina, Rathje & Woodward, LLC, Wheaton, for Altenheim German Home.

Stephanie H. Denby, Robert J. Emanuel, Burke, Warren, MacKay & Serritella, P.C., for Chicago, for Bank of America, N.A.

James J. Laraia, Joseph M. Laraia, Laraia & Hubbard, P.C., Wheaton, for Tonya Hintzpeter.

Justice BYRNE delivered the opinion of the court:

Herman C. Hintzpeter, the trustor, executed a trust agreement in 1961 to distribute income and principal of a trust fund to his children, grandchildren, and great-grandchildren. The agreement provides that plaintiff, Altenheim German Home (Altenheim), is entitled to the principal and undistributed income of a portion of the trust fund if there is no great-grandchild eligible to receive it. Defendant Tonya Hintzpeter...

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