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FIRST NATIONAL BANK OF CHICAGO v. MOTTOLA

No. 68 C 1987.

302 F.Supp. 785 (1969)

The FIRST NATIONAL BANK OF CHICAGO, etc., Plaintiff, v. Thomas E. MOTTOLA, Executor of the Estate of John D. Hertz, Jr., and individually; et al., Defendants.

United States District Court N. D. Illinois, E. D.

February 4, 1969.

Attorney(s) appearing for the Case

Edgar Bernhard, D'Ancona, Pflaum, Wyatt & Riskind, Chicago, Ill., for plaintiff.

James J. Kenny, Miami, Fla., John W. Hough, John R. F. Baer, Henry L. Mason, III, Leibman, Williams, Bennett, Baird & Minow, Chicago, Ill., for defendants; Kelly, Black, Black & Kenny, Miami, Fla., Spray, Price, Hough & Cushman, Chicago, Ill., of counsel.

OPINION

WILL, District Judge.

This action is brought by the First National Bank of Chicago for the construction of a will. Plaintiff, as trustee, seeks instructions on whether the will of John D. Hertz, Jr., exercised testamentary powers of appointment given him under the terms of certain trusts established by his father and mother in 1922. Named in the complaint as defendants are Thomas Mottola, individually and as Executor of the Estate of John Hertz,...

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