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MERCANTILE TRUST & SAVINGS BANK v. ROGERS

Gen. No. 9,972.

5 Ill. App.2d 162 (1955)

124 N.E.2d 683

Mercantile Trust & Savings Bank et al., Plaintiffs, v. Dorothy A. Rogers et al., Defendants. Mercantile Trust & Savings Bank, and Andrew C. Schnack, as Executors of Last Will and Testament of Ella A. Rogers, Deceased, Plaintiffs-Appellees, and Lucy R. Ellis et al., Defendants-Appellees, v. Dorothy A. Rogers and Dr. James Rogers Wellman, Defendants-Appellants.

Appellate Court of Illinois — Third District.

Released for publication March 7, 1955.

Attorney(s) appearing for the Case

Inghram & Dittmeyer, of Quincy, for defendants-appellants.

Schmiedeskamp & Jenkins, of Quincy, for plaintiffs-appellees; Lancaster & Nichols, of Quincy, and Richard S. Bull, of St. Louis, Missouri, for defendants-appellees.

MR. JUSTICE REYNOLDS delivered the opinion of the court.

Ella A. Rogers died on February 22, 1952, leaving a will which was duly admitted to probate in the county court of Adams county. The will, after providing for a number of specific bequests directed that the real estate be sold for cash and the remainder of the estate, including the proceeds of the sale of the real estate, be held in trust by the executors who were also designated as trustees. The trust set up...

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