Elizabeth v. Continental Illinois National Bank & Trust Co.

This appeal is a sequel to Stuart v. Continental Illinois National Bank & Trust Co. (1977), 68 Ill. 2d 502. Upon remand by that opinion, Elizabeth Stuart and the Illinois Institute of Technology (hereinafter HT) sought to recover “increases, gains, income or profits” accumulating after June 30, 1971, on the $3.5 million granted IIT by the earlier opinion of this court. The circuit court of Cook County dismissed the petition and ruled that only the $3.5 million should be distributed to IIT.

The primary issue posed now by Miss Stuart and IIT is whether our earlier opinion gave IIT a right to…