Legal Opinion

Chester M. Himel v. Continental Illinois National Bank and Trust Company of Chicago

Court of Appeals for the Seventh Circuit

Decided April 27, 1979No. 78-1593PublishedCited by 51 opinions

1Opinion of the Court

MARKEY, Chief Judge.

The decision of the District Court for the Northern District of Illinois, 430 F.Supp. 651 (N.D.Ill.1977), granting partial summary judgment in this trust management case, on the basis of res judicata, is reversed.

Background

In 1925, Antonio Mora established a testamentary trust, covering substantially all his estate, with this investment clause:

It is my desire that my Trustee keep my trust estate so invested as to produce the highest possible income consistent with reasonable security, and to that end, I direct that my Trustee invest the funds of said trust estate, as they…

2Cases cited15 opinions

  1. In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
  2. Lawrence W. Lambert v. David R. Conrad and Martha CarlsonCourt of Appeals for the Seventh Circuit · 1976
  3. Curtiss v. BrownIllinois Supreme Court · 1862
  4. Merchants National Bank v. FrazierAppellate Court of Illinois · 1946
  5. In Re Will of HartzellAppellate Court of Illinois · 1963

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3Cited by51 opinions

  1. Jane Doe v. Allied-Signal, Inc.Court of Appeals for the Seventh Circuit · 1993
  2. In the Matter of Thomas v. Cassidy, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
  3. In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
  4. Melvin E. Levinson v. United StatesCourt of Appeals for the Seventh Circuit · 1992
  5. Water Technologies Corp. v. Calco, Ltd.Court of Appeals for the Federal Circuit · 1988

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