McCarter v. Northwestern University

PRESIDING JUSTICE SLATER

delivered the opinion of the court:

James McCarter, the residuary legatee under the will of Elizabeth Lind, petitioned the trial court to declare that Lind’s bequest to “Northwestern University Dental School of Chicago, Illinois,” had lapsed. On the motion of Northwestern University (the University) for summary judgment, the trial court denied McCarter’s petition. On appeal, McCarter contends that the bequest lapsed because the University’s board of trustees (the Board of Trustees) had resolved to close its dental school prior to Lind’s death. For the reasons that…