Docket No. 107787.
THE STATE OF ILLINOIS
THE CITIZENS NATIONAL BANK OF PARIS, as Trustee of the
La Fern L. Blackman Trust, and as Trustee of the Ettoile Davis Trust,
Appellant, v. KIDS HOPE UNITED, INC., an Illinois Not-for-Profit
Corporation, Appellee (Lisa Madigan, Attorney General of the State
of Illinois, Intervenor-Appellee).
Opinion filed December 19, 2009.
JUSTICE FREEMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman,
and Burke concurred in the judgment and opinion.
Justice Karmeier dissented, with opinion.
Petitioner Citizens National Bank of Paris (the Bank), as trustee
of two charitable trusts that benefitted the Edgar County Children’s
Home (ECCH), petitioned the circuit court of Edgar County for
instructions following the merger of ECCH with a similar charitable
entity to form Kids Hope United–Hudelson Region (Kids Hope). In
its petition, the Bank sought a determination that, as a result of the
merger, the gifts to ECCH had lapsed. The Bank and respondent Kids
Hope submitted an agreed statement of facts and filed cross-motions