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BURR v. BROOKS

No. 15219.

75 Ill. App.3d 80 (1979)

393 N.E.2d 1019

LUMAN BURR, Plaintiff, v. JAMES R. BROOKS et al., Defendants. — (JOSEPH F. BOHRER, Trustee, Plaintiff-Appellee, v. WILLIAM J. SCOTT, Attorney General, Defendant-Appellee; THE CITY OF BLOOMINGTON, Defendant-Appellant; MORGAN-WASHINGTON HOME, Intervening Appellee; BLOOMINGTON BOARD OF EDUCATION, School District No. 87, McLean County, Intervening Appellee and Appellant.)

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing September 24, 1979.

Attorney(s) appearing for the Case

Dunn, Brady, Goebel, Ulbrich, Morel and Jacob, of Bloomington (Richard T. Dunn and Frank M. Brady, of counsel), for appellant.

Thomas M. Barger, III, of Livingston, Barger, Brandt, Slater and Schroeder, of Bloomington, for appellee Joseph F. Bohrer.

Ralph Turner, of Luedtke, Hartweg and Turner, of Bloomington, for appellee Morgan-Washington Home.

John C. Mulgrew, of Davis and Morgan, of Peoria, and Jay G. Swardenski and Kathleen M. McKenna, both of Seyfarth, Shaw, Fairweather and Geraldson, of New York, New York, for appellee Bloomington Board of Education.

Affirmed in part, reversed in part and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case concerns the construction of a trust created under the will of a noted Illinois jurist, John M. Scott, who died January 21, 1898. He served 10 years as a county judge, 8 years as a circuit judge, and 18 years as a supreme court justice during which period he was chief justice for three terms.

On August 12, 1977, petitioner Joseph F. Bohrer...

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