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FLANAGAN STATE BANK v. BroMENN HEALTHCARE

Nos. 4-85-0003, 4-85-0020 cons.

140 Ill. App.3d 137 (1986)

487 N.E.2d 1180

FLANAGAN STATE BANK, Ex'r of the Last Will of John W. Albrecht, Deceased, Petitioner and Counterdefendant, Appellee, v. BroMENN HEALTHCARE, Respondent and Counterplaintiff-Appellee and Cross-Appellant (Neil Hartigan, Attorney General, et al., Respondents-Appellants and Cross-Appellees). — FLANAGAN STATE BANK, Ex'r of the Last Will of John W. Albrecht, Deceased, Petitioner and Counterdefendant-Appellant, v. BroMENN HEALTHCARE, Respondent and Counterplaintiff-Appellee (Neil Hartigan, Attorney General, Respondent-Appellant; The Sisters of the Third Order of St. Francis, Respondent).

Appellate Court of Illinois — Fourth District.

Opinion filed January 2, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Jill Wine-Banks, Solicitor General, and Edward M. Kay, Assistant Attorney General, both of Chicago, of counsel), for appellant Neil F. Hartigan.

Joseph F. Bartley, Jr., and Vance C. Parkhurst, both of Bartley, Fraser, Parkhurst & Hession, of Peoria, for appellant Sisters of The Third Order of St. Francis.

John A. Taylor and Taylor F. Johnson, both of Johnson & Taylor, of Pontiac, for Flanagan State Bank.

Gale Saint & Associates, of Bloomington (John R. Bailen, of counsel), for appellee BroMenn Healthcare.

Affirmed in part and reversed in part.

JUSTICE TRAPP delivered the opinion of the court:

Flanagan State Bank (the trustee), as executor and trustee under the will of John W. Albrecht, deceased, brought this action in the circuit court of Livingston County, to reform the provisions of the trust (1) to allow for annual distribution of income, (2) to avoid classification as a private foundation, and (3) to obtain a finding that the consent of BroMenn Healthcare...

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