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MARTIN HOME FOR OLD FOLKS v. UNKNOWN OWNERS

Gen. No. 10,781.

4 Ill. App.2d 145 (1955)

123 N.E.2d 861

The Martin Home for Old Folks, a Corporation, Plaintiff-Appellee, v. Unknown Owners, Paul W. Dillon et al., Defendants-Appellees, City of Sterling, Board of Directors of Community General Hospital of City of Sterling, Illinois, Defendants-Appellants.

Appellate Court of Illinois — Second District.

Released for publication February 16, 1955.

Attorney(s) appearing for the Case

Besse & Besse, and L.E. Ellison, all of Sterling, for appellants; Kennard J. Besse, of Sterling, of counsel.

Sheldon, Brown & Haglund, of Sterling, for plaintiff-appellee; Alexander L. Haglund, of Sterling, of counsel; Latham Castle, Attorney General of State of Illinois, of Springfield, for defendant-appellee; John L. Davidson, Jr., First Assistant Attorney General, and George W. McGurn, Assistant Attorney General, both of Chicago, and Mark O. Roberts, Special Assistant Attorney General, of Springfield, of counsel; Edward L. Eagle, Jr., of Rock Island, amicus curiae.

MR. JUSTICE DOVE delivered the opinion of the court.

Nellie Havens Martin was the wife of John W. Martin, and David L. Martin was the brother of John W. Martin. On May 25, 1922, Nellie Havens Martin, John W. Martin and David L. Martin entered into a written agreement which recited that the several parties had mutually agreed to devote the major part of their respective estates to the establishment and maintenance of a charitable institution to be known as The Martin...

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