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In Re Estate of Schaaf

JUNE 3, 1974.

IN RE ESTATE OF KENNETH A. SCHAAF, DECEASED — (BRUCE THOMSON, AS SPECIAL ADM'R, PLAINTIFF,

v.

ELSIE L. NICOL, AS EX'R AND TRUSTEE, DEFENDANT-APPELLEE) — (ST. LOUIS NATURAL HYGIENE SOCIETY ET AL., DEFENDANTS-APPELLANTS.)



APPEAL from the Circuit Court of Morgan County; the Hon. GORDON D. SEATOR, Judge, presiding.

MR. PRESIDING JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:

This is an appeal from a decree interpreting Item 6 of the will of Kenneth A. Schaaf, probated on March 31, 1971, which held, in essence, that the executor of said will, Elsie L. Nicol, held a valid testimentary, special, exclusive power of appointment to appoint certain described property and the residue of the estate to organizations to which she knew decedent to be interested in contributing. We agree with that interpretation.

Item 6 of the will provides:

"I hereby bequeath the property located at 206 Hart Street, Franklin, Illinois, together with the two (2) lots on East Street adjoining the rear of this property, together with the residue of my Estate to Mrs. Elsie L. Nicol under the following conditions: This property together with the personal property contained therein is to be transferred to her name, together with the residue of my Estate which shall be used for the upkeep and expenses involved in handling the property. It is my wish that if Mrs. Nicol so desires, she may sell, at any time, any of the personal property or real estate heretofore mentioned and that the proceeds from the sale of same be given to the organizations in which she knows I am interested in contributing.

In case of the decease of Mrs. Elsie L. Nicol before all the real estate, property, or residue of my Estate has been sold or disposed of in the way I have herein set forth, it is my wish that the remainder of my Estate, as set forth in Item 6 of this Will, be sold at private auction and the proceeds from such sale be divided equally among the following:

1. St. Louis Natural Hygiene Society, St. Louis, Missouri

2. Missouri League for Humane Education, St. Louis, Missouri

3. American Natural Hygiene Society, Chicago, Illinois

4. Natural Food Associates, Atlanta, Texas

5. Anti-Cruelty Society, 157 W. Grand Avenue, Chicago, Illinois

6. Illinois Citizens' Animal Welfare League, Chicago, Illinois

7. National Health Federation, Monrovia, California

In other words, Mrs. Nicol will act on my behalf as an overseer in disposing of the above mentioned real estate and personal property according to the personal ...


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