Hounds .. eo.nnm in i?els?rra~rrua JHN zd?ul No.003 F.01 HEUERMAN awonnavs AT LAW "a easrmm erase-r RD. BOX JQO MDRRISON. ILLINOIS EIE7D FAX (BIS) 7730702 RONALD CDPLAN (5ng 772.744! JAMES F. HEUEHMAN January 24, 2001 Jerome S. Kalur Attorney at Law PO Box 72 Fish Tail, MT 59028 RE: City of Mt. Carroll/William J. Davis Trust. Dear Sir: I am the city attorney for the City of Mt. Carroll, Illinois, and your letter of January 10, 2001 addressed to Mayor Magill has been copied to me for my review. I met with the City Council on Tuesday, January 23rd, and was authorized to contact you to indicate that the city is Open to discussion regarding the termination and distribution of the William J. Davis testamentary trust. There are, of course, a number of questions, not the least of which is the cost of purchasing the annuities for the two remaining life bene?ciaries under the trust. I understand that you will provide that information shortly. A second question concerns the cost of preparing and presenting any petition to the Circuit Court to gain the appropriate authority to terminate the trust, and possibly, to construe the provisions of the will. The City of Mt. Carroll has already received some inquiries ?'om local citizens raising suggested uses for the funds to be distributed to the city ultimately. Those inquiries re?ect a probable divergence of opinion over how broadly the provisions of the will should be interpreted or construed. There was also a question raised that would indicate that some in the community may be of the opinion that the gilt. to Shimer College may include the Shimer College campus here in Mt. Carroll. While I do not, at least on the surface, think that there is any merit to any such argument, persons have indicated that the testamentary language states that it?s to be paid to Shimer College having its campus and principal buildings in the City of Mt. Carroll, Illinois. FECM .315 7'32 "67?02 (86113,) 01?34?43} 05:43 PM pm F. JFll?ul 1?!3il These are the kinds of things that need to he addressed earlier rather than later, and certainly no later than the entry of an order by the Circuit Court which would dispose of any petition for an early termination of the trust and distribution. The city is concerned about the cost of litigation, and even if everyone is in agreement, the possibility that the cost should exceed what persons here think would be reasonable under the circumstances. I do not know who is going to represent Shirner College, or for that matter, who will represent any of the remainder bene?ciaries, but the Council, the Mayor, and I are all concerned that a decision to hire counsel before consultation with the city not be made. I would suggest that each bene?ciary, Whether it is a life bene?ciary or a remainder bene?ciary, can seek. its own counsel and pay its own counsel so that the city does not sustain the economic burden of paying somebody else?s attorney?s fees, or paying attorney's fees for all of the various bene?ciaries. If you could elaborate on your view of how the litigation would be handled, and the fees and costs allocated, and give us the premium for the two annuities for the two life bene?ciaries, it would be helpful in reaching a decision by the City Council. Please direct your correspondence regarding this matter to the undersigned hereafter so that we can facilitate and expedite. Very truly yours, 41A: WMM, Ronald F. Cop an