Appeal from the Probate Court of Cook County; the Hon. HOWARD
C. RYAN, Judge, presiding. Affirmed.
MR. JUSTICE MCCORMICK DELIVERED THE OPINION OF THE COURT.
This appeal was taken by Institution of George A. Glenos from an order of the Probate Court of Cook County. Bessie Alessis and Angeline Nicholaou, hereafter referred to as appellees, filed objections to an item in the first current account of the executor of the estate of George A. Glenos, deceased. In the item of the current account in question, the executor proposed to make distribution of $15,000 of the assets of the estate to "the Trustees of the Institution of George A. Glenos, . . ." The will of George A. Glenos was probated in the Probate Court of Cook County. Article II of that will was as follows:
"I hereby advise my Executor hereinafter named that heretofore, on May 31, 1961, I executed a certain document prepared at my request and under my supervision by my attorney, CONSTANTINE G. DRUGAS, which document is captioned `Inter Vivos Gift Creation of a Charitable Institution,' and by virtue of which document I have created what is therein described as the `Institution of George A. Glinos [sic],' for the purpose of cultivating and furthering the education and enlightenment of deserving and capable young people without financial means who originate from in and about the environs of my place of origin, Nestani, Arcadias, Greece, in a manner and to the extent described in said document. I have provided in said document that I shall donate to said Charitable Institution the sum of FORTY THOUSAND ($40,000.00) DOLLARS, and have to this day sent to the depositary of said institution the sum of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS. It is my desire to fulfill my promise and commitment [sic] under said document completely, and to this end, I hereby give, devise and bequeath the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS to the said `Institution of George A. Glinos [sic],' and I hereby direct that said sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS be given to said charitable institution by me created during the course of administration of my estate and as soon as possible after my decease."
In response to a petition the court entered an order giving John E. Tsaoussi, as Consul General for Greece, located at Chicago, Illinois, as a representative of a foreign country, leave to receive share of distribute.
A.K. Mantas, executor of the will, filed his first account which showed that there was available in the estate the sum of $71,551.87, and provided for the distribution to "Trustees of the Institution of George A. Glenos, in accordance with Article II," the sum of $15,000.
Thomas G. Glenos, heir and residuary legatee, filed an objection to the first report, as did Bessie Alessis and Angeline Nicholaou. Thomas G. Glenos is not appealing from the order of the court.
The objections filed by the appellees, among other things, set out that Article II in the will refers to a charitable inter vivos gift allegedly created by a document dated May 31, 1961, which was never consummated and which had never become effective, so that there are no trustees to which the sum of $15,000 could be distributed.
The executor *fn1 filed a reply to the objections of Thomas G. Glenos, and in that reply he stated that a charitable trust was created during the lifetime of George A. Glenos prior to May 31, 1961. A copy of that trust agreement is attached to the reply. It is dated "January 1960," and in the reply it is further alleged that the document dated May 31, 1961 is an amendment of the January 1960 document, which is considered the original trust agreement. The first agreement provided that Glenos wished to donate a part of his estate by a "gift inter vivos final and irrevocable" for charitable purposes and for the benefit of his home town, Nestani, Greece. It was stated that an Institution was thereby created and established under the name of Institution of George A. Glinos [sic]; that the place of administration of the Institution shall be temporarily in Chicago, Illinois; and that after the donor's departure for Greece the place of administration shall be in Greece; that the purposes of the Institution are to afford moral protection and financial assistance to young people without financial means who come from the town of Nestani, so that they can pursue their studies in the Gymnasium and the University of Athens or any other University. It is further provided that there shall be a special committee which shall consist of the priest, the teachers of the elementary schools, and the president of the community of Nestani; and it provides in detail for the method of selection of the students who are to receive the benefits set out therein. It is further provided that "During the life of the Donor, the institution shall be administered in all of its activities by the Donor, who shall represent the institution and act in its behalf before any and all state or other authority and agency, either by himself or by his attorney-in-fact." It is further provided that the donor shall be assisted in the administration by an advisory committee of eight persons who are identified by name or occupation; and it is further provided that in the case of the death of the donor the administration of the Institution shall be taken over by the members of the advisory committee of Chicago, if its administration remains in the United States; otherwise, the advisory committee of Greece shall take over. It is further provided that there shall be an immediate inter vivos gift of $39,000, of which $5,000 shall be immediately deposited in the name of the Institution in a Bank of America or Greece, and that the remaining sum of $34,000 shall be in a loan secured by a mortgage which is owed to the donor by a certain resident of Chicago, and that an American bank shall be authorized to collect the money due on the loan and deposit the same in an account of the Institution. There is further provision for the distribution of the corpus of the gift in case the wishes of the donor become impossible of fulfillment.
There is also in the record a decree of King Paul *fn2 which sets out the gift contract and refers to certain laws of Greece, and provides: "1. We approve of the formation of a charitable institution in Nestani, Mantineias under the name `Institution of George A. Glinos [sic].'" The decree also states that the Institution mentioned is governed by the provisions of the gift contract dated January 22, 1960, and by certain provisions of the Greek law.
The Consul General of Greece also filed a reply to the objections heretofore filed, stating that he was the legal representative of the "Institution of George A. Glenos," which is "a charitable institution duly organized under the laws of the Kingdom of Greece," and states that the said institution was organized under Royal Decree No. 64 under date of January 22, 1961; that the instrument allegedly executed by George A. Glenos under date of May 31, 1961, and which refers to a former instrument executed on January 22, 1960, was not intended to create a new institution but merely to provide more adequately for its administration; and it is further set out that the objections filed amount to a request for interpretation of the will over which the Probate Court has no jurisdiction; and prays that the objections be overruled and that the executor be permitted to pay over to the Consul General of Greece the sum of $15,000.
There also appears in the record the document dated May 31, 1961, referred to in Article II of the will. *fn3 That document sets out that George A. Glenos was not satisfied with the document executed by him on January 22, 1960, and provides that certain provisions shall supersede those set out in the first document. The name "Institution of George A. Glinos [sic]" is retained, and the purpose is to cultivate and further the education of deserving and capable young people without financial means who originate in and about Nestani, Greece, and to assist them in their further studies. The document further sets out:
"The Creator hereby gives and grants to the Institution the sum of FORTY THOUSAND AND NO/100 ($40,000.00) DOLLARS, said grant to be held as follows: The sum of THIRTY THOUSAND ($30,000.00) DOLLARS, to be deposited in the name of the Institution in a reputable and stable Bank of America, in the country of Greece; the remaining sum of TEN THOUSAND ($10,000.00) DOLLARS, to be deposited by the Creator in a bank of his own choosing in the United States of America."
It further provides that during the life of the creator the Institution shall be governed, administered and directed by the creator. An advisory committee is appointed consisting of six persons residing in Chicago, Illinois, and nine persons residing in Greece, and a further provision is that on the death of the creator the administration of the Institution shall be taken over by the members of the advisory committee in Greece, to be assisted by the advisory committee in the United States. The document also provides for the selection of persons to receive the benefits and that in a case where the ...