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STEWART v. MERCHANTS NAT. BK. OF AURORA

No. 71-64.

3 Ill. App.3d 337 (1972)

278 N.E.2d 10

THOMAS I. STEWART, Appellant, v. MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE et al., Appellees.

Appellate Court of Illinois — Second District.

January 19, 1972.

Attorney(s) appearing for the Case

Hart, Banbury, Gullstrand & Banbury, of Aurora, for appellant.

Reid, Ochsenschlager, Murphy and Hupp, of Aurora, for appellees.

Reversed and remanded.

Mr. JUSTICE GUILD delivered the opinion of the court:

This appeal arose out of a petition by the appellant to revoke a special ten year trust after only three years had elapsed from the date of its execution in 1967. The primary purposes of the trust were twofold: to provide for the rehabilitation of appellant from personal injuries suffered by him, and for regular payment of mortgage indebtedness on a new home in substitution for the...

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