Opinion
Gen. No. 43,199. (Abstract of Decision.)
Opinion filed February 6, 1945 Released for publication February 20, 1945
WILLS, § 358 — conclusiveness of trustee's selection of educational institution which should receive residue of testator's estate. In action for construction of will and its codicils, etc., held that, under codicil, it was duty of trustee under will, and not duty of court, to select educational institution which was entitled to residue of testator's estate; that specified university was qualified to carry out testator's intention, and that, it having been selected by trustee as institution which should receive residuary fund, doctrine of cy pres did not apply.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1944.
Thomas B. Brown and Beach, Fathchild Scofield, for certain appellants;
Bell, Boyd Marshall, for certain other appellant;
Thomas L. Marshall and Samuel M. Mitchell, of counsel;
Kirkland, Fleming, Green, Martin Ellis, for certain appellee;
Weymouth Kirkland, Howard Ellis, William H. Symmes and Bartlett S. Maximon, of counsel.
Not to be published in full. Opinion filed February 6, 1945; released for publication February 20, 1945.