Repository: UIHistories Project: Board of Trustees Minutes - 1952 [PAGE 1325]

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1422

BOARD OF TRUSTEES

[March 12

also for the dismissal of the suit theretofore instituted by her in the Circuit Court of Champaign County, Illinois, to contest his will. A stipulation for the dismissal of that suit with prejudice to Mrs. Grimm and at her costs was filed in that court on January 24, 1952, and an order so dismissing it in accordance with the stipulation was entered by Circuit Judge Charles E. Keller therein the following day. Counsel for other heirs of Professor Miller from whom an answer was received by the Clerk the day the order was entered was promptly notified of the dismissal of the suit, but they have taken no action to date to secure the vacation of the order. The Executor's attorneys and the Legal Counsel are of the opinion that the order is now final unless an appeal is taken therefrom within ninety days from the date of its entry. They do not anticipate an appeal and are of the opinion that the order should and will be affirmed if one is prosecuted. It appears, therefore, that payment of the agreed sum to Mrs. Grimm now would be both justified and desirable. The Executor is willing to pay the agreed sum direct to Mrs. Grimm and her attorneys by way of partial distribution to the University under the will if the University so desires and will furnish him with a receipt evidencing partial distribution to it in that sum upon presentation by him of a receipt from her therefor and a full release of all of her claims against Professor Miller's estate and the University. The Comptroller and the Legal Counsel recommend that the settlement be ratified by the Board, that it be completed through following this procedure, and that the Comptroller and the Secretary of the Board be authorized to execute and deliver such a receipt to the Executor upon delivery by him to them of the suggested receipt and release executed by Mrs. Grimm and approved by the Legal Counsel. The President of the University concurs. On motion of Mr. Johnston, this settlement was ratified as recommended.

SPECIAL COMMITTEE ON THE GEORGE A. MILLER ESTATE

The Legal Counsel reported that the Executor of the estate of George A. Miller, deceased, and his attorney have been informed that certain heirs of the late Mrs. George A. Miller assert a claim against that estate arising out of an alleged agreement between Professor and Mrs. Miller relative to the disposition of a portion of their property upon the death of the survivor. The Legal Counsel recommended that a special committee of the Board be appointed before whom these claimants may appear to present their claims and any definite proposals they wish to submit. On motion of Mr. Nickell, the following committee was appointed for this purpose: Mr. Wayne A. Johnston, Chairman, Mr. John R. Fornof, Mr. Wirt Herrick, Mr. R. Z. Hickman, and Mr. Park Livingston.

SECRETARY'S REPORT OF CONTRACT

The Secretary presented for record the following document signed by the President and the Secretary of the Board and deposited with the Secretary since the last report.