Shelton v. First National Bank

Petitioner,Katherine Shelton (formerly Katherine South), appeals from a decree construing a gift to the “Cancer Research Fund” in the residuary clause of the will of Josie Tomlinson, a/lt/a Josie Awick, as intending a bequest to the Illinois Division Inc., of the American Cancer Society (hereinafter called “Cancer Society”). It having been stipulated by the parties that there is not now and never was an organization known or chartered as the “Cancer Research Fund,” petitioner contends the bequest fails because the language and evidence does not identify the intended beneficiary and that the…