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Kids’ home does not “cease to exist” because of merger

Kids’ home does not “cease to exist” because of merger

Kids’ home does not “cease to exist” because of merger

The Supreme Court of Illinois has ruled that a children’s home did not “cease to operate or exist” as the result of a merger with a similar organization, and income from a charitable trust should still be paid to the surviving organization. But it has also held that it does not have enough facts to determine whether the same home “cease[d] to function in its present capacity” as the result of the merger. It remanded that question to the trial court for a factual determination. The Supreme Court reached the same conclusion as the appellate court before it and affirmed the appellate court’s entire judgment. ( See Nonprofit Issues®, November 16, 2008 .) Sisters La Fern Blackman and Ettoile...

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