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CONTINENTAL ILL. NAT. BK. & TR. CO. v. GRIFFIN

Gen. No. 53,445.

124 Ill. App.2d 334 (1970)

260 N.E.2d 281

Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, and Roger C. Sullivan, II, Not Individually, but as Trustees Under Trusts Known as the Boetius H. Sullivan Trust and the Loretta C. Sullivan Trust, Plaintiffs-Appellants, v. Mary S. Griffin, Helen S. McKinley, Roger C. Sullivan, II, Individually, William J. Griffin, Jr., et al., Defendants-Appellees and Cross-Appellants. Mary S. Griffin, Helen S. McKinley, Roger C. Sullivan, II, Individually, William J. Griffin, Jr., Hollis Griffin, Roger S. Griffin, Roger C. Sullivan, Jr., Cynthia Marie Sullivan, Gail McKinley Donovan, Maryl McKinley, Marcee Sullivan and Marcaline B. Sullivan, Not Individually but as Guardian of the Estates of Boetius H. Sullivan, III, Mark B. Sullivan, Kurt T. Sullivan, Renee L. Sullivan and Ryan C. Sullivan, Minors, Counterplaintiffs and Cross-Appellants, v. Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, and Roger C. Sullivan, II, Not Individually, but as Trustees Under Trusts Known as the Boetius H. Sullivan Trust and the Loretta C. Sullivan Trust, Counterdefendants and Cross-Appellees.

Appellate Court of Illinois — First District.

May 15, 1970.

Attorney(s) appearing for the Case

Murphy and Pearson, of Chicago, for appellants.

Bernard McDevitt, of Chicago, for persons not in being, defendants-appellees and cross-appellants.

Sidley & Austin, of Chicago (William H. Avery and Larry D. Berning, of counsel), for counterplaintiffs and cross-appellants and adult defendants-appellees.

Hirsch E. Soble, of Chicago, guardian ad litem for minor defendants-appellees and minor cross-appellants.

RYAN, J.

This is an appeal from a decree of the Circuit Court of Cook County which construed the language of a trust and allowed a deviation from it. All of the parties have appealed and cross-appealed in this case.

The Loretta C. Sullivan Trust directs the distribution of the trust income equally among the Settlor's four children and provides that, in the event of the death of any of her children, the "issue or descendants" of such deceased child "shall be...

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