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CITIZENS NAT. BANK v. KIDS HOPE UNITED INC.

No. 107787.

922 N.E.2d 1093 (2009)

235 Ill.2d 565

The CITIZENS NATIONAL BANK OF PARIS, as Trustee of the La Fern L. Blackman Trust, and as Trustee of the Ettoile Davis Trust, Appellant, v. KIDS HOPE UNITED, INC., an Illinois Not-for-Profit Corporation, Appellee (Lisa Madigan, Attorney General of the State of Illinois, Intervenor-Appellee).

Supreme Court of Illinois.

December 17, 2009.

Attorney(s) appearing for the Case

Richard M. Kash, Jr., of Fruin & Kash, Paris, for appellant.

David C. Nelson and E. Lee Waite II, of Dilsaver & Nelson, Mattoon, for appellee.

Lisa Madigan, Attorney General, Springfield (Michael A. Scodro, Solicitor General, and Richard S. Huszagh, Ann Chalstrom, Assistant Attorneys General, Chicago, of counsel), for intervenor-appellee.

OPINION

Justice FREEMAN delivered the judgment of the court, with opinion.

Petitioner Citizens National Bank of Paris (the Bank), as trustee of two charitable trusts that benefitted the Edgar County Children's Home (ECCH), petitioned the circuit court of Edgar County for instructions following the merger of ECCH with a similar charitable entity to form Kids Hope United—Hudelson Region (Kids Hope). In its petition, the Bank sought a determination that...

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