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BANK OF AMERICA, N.A. v. CARPENTER

Nos. 1-08-2647, 1-08-3281, 1-08-3282.

929 N.E.2d 570 (2010)

BANK OF AMERICA, N.A., as Trustee Under the Will of Hartley Harper, Deceased, Plaintiff-Appellant and Cross-Appellee, v. John CARPENTER, et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, First District, First Division.

May 24, 2010.

Attorney(s) appearing for the Case

Schiff Hardin LLP, Chicago, IL (Thomas W. Abendroth, David C. Blickenstaff and Lisa M. Natter, of counsel), for Bank of America, N.A., as Trustee.

Jenner & Block LLP, Chicago, IL (Richard P. Campbell, Barry Levenstam and Irina Y. Dmitrieva, of counsel), for Nancy Harper and Her Family.

McGuire Woods LLP, Chicago, IL (Henry deVos Lawrie Jr., Marta A. Stein and Carlin R. Metzger, of counsel), for John Carpenter and His Family.

Shefsky & Froelich Ltd., Chicago, IL (Lynn A. Ellenberger and David W. Nyberg, of counsel), for Appellees and Cross-Appellants.

Justice LAMPKIN delivered the opinion of the court:

This appeal arises from a dispute involving the plaintiff trustee Bank of America, N.A., the defendant income beneficiaries, and the defendant remainder beneficiaries concerning the termination date of a trust established by the will of the deceased, Hartley Harper. On cross-motions for summary judgment, the trial court granted summary judgment in favor of the remainder beneficiaries, ruling that the will should...

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