From Casetext: Smarter Legal Research

Continental Ill. Nat. Bank Trust Co. v Sever

Appellate Court of Illinois, First District
Feb 6, 1945
324 Ill. App. 613 (Ill. App. Ct. 1945)

Opinion

Gen. No. 43,199. (Abstract of Decision.)

Opinion filed February 6, 1945 Released for publication February 20, 1945

WILLS, § 358conclusiveness of trustee's selection of educational institution which should receive residue of testator's estate. In action for construction of will and its codicils, etc., held that, under codicil, it was duty of trustee under will, and not duty of court, to select educational institution which was entitled to residue of testator's estate; that specified university was qualified to carry out testator's intention, and that, it having been selected by trustee as institution which should receive residuary fund, doctrine of cy pres did not apply.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.

Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1944.

Thomas B. Brown and Beach, Fathchild Scofield, for certain appellants;

Bell, Boyd Marshall, for certain other appellant;

Thomas L. Marshall and Samuel M. Mitchell, of counsel;

Kirkland, Fleming, Green, Martin Ellis, for certain appellee;

Weymouth Kirkland, Howard Ellis, William H. Symmes and Bartlett S. Maximon, of counsel.


Not to be published in full. Opinion filed February 6, 1945; released for publication February 20, 1945.


Summaries of

Continental Ill. Nat. Bank Trust Co. v Sever

Appellate Court of Illinois, First District
Feb 6, 1945
324 Ill. App. 613 (Ill. App. Ct. 1945)
Case details for

Continental Ill. Nat. Bank Trust Co. v Sever

Case Details

Full title:Continental Illinois National Bank and Trust Company of Chicago, Executor…

Court:Appellate Court of Illinois, First District

Date published: Feb 6, 1945

Citations

324 Ill. App. 613 (Ill. App. Ct. 1945)
59 N.E.2d 197

Citing Cases

Continental Nat. Bank v. Sever

It was ordered that the trust fund be held in perpetuity by plaintiff as a charitable trust fund for the…