Repository: UIHistories Project: Board of Trustees Minutes - 1956 [PAGE 1054]

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1956]

UNIVERSITY OF ILLINOIS MEETING OF T H E EXECUTIVE COMMITTEE OF A P R I L 25, 1956

I051

A meeting of the Executive Committee of the Board of Trustees of the University of Illinois was held in the administrative offices of the Chicago Undergraduate Division at Navy Pier, Chicago, Illinois, on Wednesday, April 25, 1956, beginning at 12:30 p.m. The following members were present: Mr. Park Livingston, Mrs. Frances B. Watkins, and Mr. H. B. Megran, Chairman. Also present were President David D. Henry, Mr. H. O. Farber, Comptroller, and Mr. A. J. Janata, Secretary of the Board. The Executive Committee considered the following matters of business.

ENTRY OF UNIVERSITY'S APPEARANCE IN LEGAL PROCEEDINGS CONTESTING THE WILL OF FRED S. BAILEY, DECEASED The provisions in the will of Fred S. Bailey, recently deceased, benefiting the University and in which it is interested, and the fact that a suit has been filed in the Circuit Court of Champaign County, Illinois, by the conservator of an incompetent cousin of Mr. Bailey, who constitutes Mr. Bailey's sole heir, to contest the validity of the will, were reported to the Board of Trustees at its March, 1956, meeting. Although, the Champaign law firm of Thomas, Mulliken & Mamer ordinarily acts as counsel for Harris Trust and Savings Bank of Chicago as executor of and trustee under the will, that firm can not appear as counsel of record for any of the defendants in the suit since Mr. Thomas and Mr. Mulliken will probably have to testify as witnesses for the defendants when it is tried. Consequently, the executor has employed Mr. John L. Franklin, of Champaign, to appear for and represent it in the suit and -he is also authorized to appear for and represent the other defendants therein with the exception of the University which will be represented by its Legal Counsel. Although the suit was filed late in February and summonses were issued against the defendants when it was filed, no service of summons has been had upon the University or any of the other defendants because counsel for the plaintiff has instructed the Sheriff not to serve the summonses until requested by him to serve them. None of the defendants are required to appear and file pleadings in the case until service of summons has been had upon them and, since the case can not proceed to trial until the defendants appear and plead therein, it is surmised that counsel for the plaintiff has withheld service of summons for the purpose of preventing the case from being reached for trial before next fall. For certain reasons connected with the administration and closing of the estate, and also because the executor will not make distribution among the beneficiaries of the will until the validity of that instrument has been determined in the suit, it would appear to be in the best interests of the University and the other beneficiaries under the will to secure an early trial in the suit, if possible. The defendants, including the University, can probably secure an early trial if they waive service of summons upon them and enter their respective appearances and file their respective pleadings in the suit. For the foregoing and other reasons Mr. Franklin intends to waive service of summons upon, enter the appearances of, and file an answer for the defendants he represents in the suit and he and Mr. Mulliken have requested the Legal Counsel to do the same with respect to the University. Unless the Legal Counsel accedes to this request or counsel for the plaintiff has summons served upon the University which he apparently does not intend to do in the near future, the case can not be tried before fall. If the University and all of the other defendants waive service of summons and enter their appearances in the suit, it is hoped that it will be possible to secure a trial of it in May or June. Mr. Franklin has assured the Legal Counsel that he can adequately prepare for Ae trial if held in May or J u n e and the Legal Counsel can complete that portion of the preparation of the case for trial which has been assigned to him by that time.