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07/31/89 Harris Trust & Savings v. Gordon Gale Maclean Et Al.

July 31, 1989

HARRIS TRUST & SAVINGS BANK ET AL., PLAINTIFFS-APPELLEES

v.

GORDON GALE MACLEAN ET AL., DEFENDANTS-APPELLEES (WILLIAM SHELLMAN MORSE, DEFENDANT-APPELLANT; WALTER P. DAHL, GUARDIAN AD LITEM FOR MINORS AND UNBORN PERSONS WHO DO OR



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

will trace their relationship to Norman W. Harris through

one or more adoptions, Defendant-Appellant; Stewart S.

Dixon, Guardian ad litem for minors and unborn persons who

do or will trace their relationship to Norman W. Harris by

blood, Defendant-Appellant)

Nos. 1-88-0922, 1-88-0927, 1-88-0972 cons.

542 N.E.2d 943, 186 Ill. App. 3d 882, 134 Ill. Dec. 597 1989.IL.1181

Appeal from the Circuit Court of Cook County; the Hon. Arthur Dunne, Judge, presiding.

APPELLATE Judges:

JUSTICE BUCKLEY delivered the opinion of the court. CAMPBELL and O'CONNOR, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BUCKLEY

Norman W. Harris died on July 15, 1916. Before his death, he created a trust by means of a will dated January 24, 1911 (the Trust under Will), and three later-date codicils. He also executed a separate trust instrument dated April 20, 1914 (the 1914 Trust). Trustees under the Trust under Will and the 1914 Trust -- Harris Trust and Savings Bank, Norman W. Harris, III, Stanley G. Harris, Jr., and Thomas B. Harris *fn1 -- brought suit in the circuit court of Cook County to obtain approval of accounts and to resolve various issues of construction.

In their complaint, the trustees named as defendants all living persons who trace their relationship lineally to Norman Harris through either blood or adoption. Two of these defendants answered and filed their appearances: *fn2 Gordan Gale MacLean, a blood-related grandson of Norman Harris and a current income beneficiary, and William Shellman Morse, an adopted son of Charity Bent Harris Morse, the blood-related granddaughter of Norman Harris and a current income beneficiary.

The circuit court appointed Walter P. Dahl as guardian ad litem to represent all minor defendants and unborn persons who trace or will trace their relationship to Norman Harris through adoption. The court further appointed Stewart S. Dixon as guardian ad litem to represent all minor defendants and unborn ...


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