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wins Ames trust battle By Alex Rodriguez Fttftkteaier News Service • » r » the Illinois Appellate Court Fri­ day affirmed a 1984 McHenry Coun­ ty circuit court ruling upholding a local bank's decision to declare the Crystal Lake Library as the recipi­ ent of $1 million in proceeds from the Ames Trust. - lhe decision, handed down by Jus­ tices Phillip Reinhard, William Hopf and Paul Schnake, ends 10 years of litigation to decide who would re­ ceive the proceeds of George Ames' will. Ames, a Crystal Lake farmer who died Feb: 8, 1963, set out approxi- ifcately $150,000 in his will for the construction of a hospital "in or near" Crystal Lake within 20 years after his death. If that wasn't possi­ ble, his alternative request was to have his estate's trustee, Home State Bank of Crystal Lake, give the money to a charitable cause or pro­ ject in Ovstal Lake. McHENRY Since his death, the trust has grown to |1 million. Three health care organizations - the Northern Illinois Medical Center of McHenry , Memorial Hospital of Woodstock, and Sherman Hospital (operator of the Crystal Lake Ambutal) -- have been fighting since 1975 to be named beneficiaries of the trust. NIMC and Sherman were plaintiff/appellants in Friday's decision; Memorial was listed as a plaintiff. NIMC, Memorial and Sherman can ask the appellate court for a reconsideration or ask the Supreme Court to hear the caSe. If no such motion is filed within 60 days, the appellate court will mandate the dis­ tribution of the $1 million to the library, said Rich Flood, attorney for Home State Bank. "I'm hopeful this is the end," Flood said. "I think legally speaking its an excellent decision. " Neither library officials nor May­ or Carl Wehde were available for comment Monday, but City Manag­ er Joe Misurelli said he was pleased with the appellate court's finding. "It's been a fairly long battle, so it's pleasing to see the decision was upheld," Misurelli said. One of the keys to the Ames case was the interpretation of what Ames meant by the words "in or near " In suits filed in 1975, NIMC and Memo­ rial argued they qualified as benefi­ ciaries because they were "near" Crystal Lake. The4Crystal Lake Am­ butal, meanwhile, contended they qualified because the facility was built within Crystal Lake boundaries and within the 20-year period stipu­ lated in Ames' will. - But in 1981, Judge Michael Sulli­ van ruled that the Ambutal was not a hospital under the provisions of the trust. He also found that NIMC was not "in or near the city of Crystal Lake" as delineated in the language of the trust. * Then, in 1983, Home State decided /(to award the trust proceeds to the Crystal Lake Library, lhe following year, Attorney General Neil Harfi- gan filed a petition on behalf of NIMC, Memorial and the Ambutal requesting that the three be entitled to the trust proceeds. As Sullivan did, Judge Leonard Brody ruled against the three health care organizations and Hartigan, and in favor of Home State, saying that "in or near Crystal Lake in his day and in his mind had to mean the >ity of Crystal Lake and that alone." • In Friday's decision, Justice Rein- hard wrote: "(I)t is evident that Ames intended that his bequest be used for something more than a mere donation to a neighboring fa­ cility providing hospital services to Crystal Lake residents." Flood was both pleased and re­ lieved with Friday's decision. "The whole idea was to figure out what Ames meant by 'in or near.' We always though it was pretty clear. Obviously they (the hospitals) didn't." ys; AN EDITION OF THE NORTHWEST HERALD WEDNESDAY, SEPTEMBER 4, 1985 taxes up 4 percent B: Staff Writer Property owners on the average paid about four percent more in property taxes in 1984 than in 1983. The modest increase was a result of increased tax levies and de­ creased assessed valuation of Mc­ Henry Township property, said Ted Pitzen, McHenry Township Assessor. While no property owners enjoy their land being appraised at higher levels for tax purposes, it does help when determining the tax rate. This means as a general rule, tax-levies ean be increased without nnwrty owners with JlS?he explained? For example, the is requesting a $4,800 tax-levy in­ crease this year, from $270,000 to $274,800. However, more money is available and therefore the tax rate should be little affected, he explained. The Township, like other taxing bodies asking for increases to offset operating expenses, is acting on the optimistic prediction that more money is being added to the pot. this yeiar total assessed valuation is expected to increase by^nore than $2.5 million, climbing to anestimat­ ed $230 million. It was $228,6 million hi 1984, down from the $260.8 million in 1983. The recent expected increase is a result of a Surge in building activity, Pitmen said. "More (residential and commer­ cial buildings) are being built," he said. ; "The sharp decrease from 1983 oc­ curred when the subdivision ordin­ ate and farm property assessments came into play. " " The subdivision ordinace passed in 1983 meant property owners could develop land but not be assessed for more than vacant farmland. The status would remain the same until - the land changed hands. It worked as an incentive for own­ ers to develop land, he explained, the tax break offsets permit fees PUindealer photo by Scott J. Brooks Jeannie Gebbia, and her son Bradley, 2, enjoy one of the last days of summer last week by feed­ ing the ducks at Riverside Street Park, McHenry. Motorcyclist injured in crash John R. Weith, 35, 514 Hill Road, McHenry, sustained injuries Satur­ day and was taken to Northern Illi­ nois Medical Center after losing con­ trol of his cycle at a sharp curve. Weith was traveling west on Rte. 31 at Petersen Gravel Pit, when the vehicle began to shake and landed in a ditch. According to a police report, Weith might have hit a hubcap on the road. A hubcap was found near the accident scene. He was ticketed for violation of classification and no valid registra­ tion. More than $500 damage was done to his vehicle: \ Man flung from truck Brian Nelson, 28, 2904 Hickory, McHenry, fell out of the pick-up TAXES --Pages driven by Adam Matlak, 21, 5108 X Parkview, McHenry. As Matlak turned left into the Coppermine Tav­ ern parking lot at 4912 McCullom Lake Road, Nelson apparently lost his balance and fell. The McHenry rescue Squad took him to Northern Illinois Medical Center. Turn signal debated A McHenry woman's vehicle was struck Sunday after she slowed to turn right from Rte. 31 onto Gracy Road. Cynthia J. Chalcraft, 22, 1502 N. Court, McHenry said she was travel­ ing north on Rte. 31 about five car lengths behind Maria Ortiz, 23, 4111 Lillian, McHenry when Ortiz slammed on her brakes. Chalcraft said she saw no turn signal. Ortiz said her turn signal vtfas on. More than $1,000 was done to Chal- craft's vehicle. More than $800 was. done to Ortiz's. Chalcraft was taken to Northern Illinois Medical Center. Midnight avenger : A Wonder Lake couple say they witnessed an accident early Friday morning but the driver denies their claims. Stella Dudzinski, 65, 7416 Cedar Drive, Wonder Lake, told police she awoke during the night to close the windows because of a rain storm. While awake she said she saw Dan Bartnick, 22, 7418 Cedar Drive, lose control of his vehicle, striking her mailbox and lawn. He then allegedly pulled into the neighbor's driveway, destroyed some railroad .*tles, re­ versed his vehicle and then parked away from the accident scene. Vicent Dudzinski, 71, confronted Bartnick with the event the next mooting but the latter denied any part in the accident. Dudzinski then showed wood taken from Bartnick's vehicle that matched lhe mailbox. Bamick was tickected for failure to report an accident and driving through a safety zone. An estimated $50 damage was done to the mail boxes. MCC announces Richmond signup Lucky winners The winners of the third $50 prize in the McHenry Plaindealer's "Bright and Early" contest are Mr. and Mrs. James Jansen of Woodlawn Park in McHenry. The fourth winner and the grand prize winner of the Las Vegas trip will be announced shortly, so, keep watching these pages The Community Education De­ partment of McHenry County Col­ lege announce that registration is in progress for a variety of classes and seminars being held in Richmond during September and October. Keyboarding and Information Processing is to be taught by David Usrey at the high school from 7 to 8:15 p.m. on Monday and Wednes­ day, beginning Sept. 9. This class is open to all who have had some pre­ vious typing and can work on their Wn. Students will learn basic key- boarding oil new Adler Electronic typewriters and the personal com-e keyboard on TRS-80's and . The fee is $30. A Quick and Easy Patchwork class is being offered this fall as well. Taught by Hazel Rekenthaler, the class will meet from 6:30 to 9:30 p.m. on Mondays, beginning sept. 9. The instructor will demonstrate speed methods of cutting and piec­ ing and will furnish patterns. Regis­ tration fee is $24. Additional cost for projects will depend their size. Grace Lutheran Church will be the setting for painters and drawers from amateurs to professionals. Donna Levine will be in charge of the class that meets from 9:30 a.m. to 12:30 p.m. on Tuesdays, beginning Sept. 3 and ending Oct. 22. The fee is $3° -x ' The dance classes will -continue at the Richmond Village Hall. Western dance will be held from 7 to-8 p.m. on Mondays Beginning Ballroom Dancing is schedules from 8 to 9 p.m. on Mondays as weH. Both classes wil run from Sept. 9 to Oct. 21. Teaching the classes will be Mike Tremont and Florence Warner. Reg­ istration fee is $32 a person, a class. . Registration classes is at the Rich­ mond Village Hall from 9 a.m. to 4 p.m j weekdays. Fees are due with registration. Good Morning T oday 's Weather ] PARTLY SUNNY, very warm and humid Wednesday. High in the upper 80s. Wednesday night partly cloudy and continued warm. Low in the upper 60s. Lottery Daily game: 628 • Pick Four: 0648 LOTTO grand Prize: $6 million , Local report Legion Auxiliary to meet The Wauconda American Legion Auxiliary will host the County meeting at 8 p.m. on Friday, Sept. 6, at the Post home. All McHenry County units will be sending representatives to this first meeting with new County President Mary Siewerth. Refreshments will be served after the meeting. Kent named president \ Karen Kent, trustee and past president of McHenry Public Library, has been chosen president of the Northern Illinois Library System. Kent has also been named as Director-at-Large for the Illinois Library Trustees Association. Other trustees of McHenry Public Library include President Mari­ lyn Lean, Vice-President Leroy Morck, Secretary Marlene Griffith, Treasurer Gary Schaefer, Sue Wienholtz, Joe King, Gail Anderson, and Richard Doherty. Square Dancers give lessons The Alpiners Square Dance Club will present an introduction to Square Dancing on Saturday, Sept. 7, from 8 to 11p.m., at St. Matthews Gym, Old McHenry Road, Lake Zurich. For information call (815)-385-3156or (312)-639-8952. Lessons begin Sept. 10. * Kinship Awards Dinner set The first annual Kinship Awards Dinner will be held at 7 p.m. Thursday, Oct. 10, at the Village Squire, 4512 W. Elm (Rt. 120) in McHenry. In addition to the awards ceremony, Kinship of McHenry will receive the official charter from the national Kinship organization. A donation of $10 per person Includes the meal and gratuity. Call 385-3855 or 344-5729 by Sept. 25 to make reservations. Awana registration scheduled The Alliance Awana registration is to be held Monday, Sept. 9, at Valley View School, beginning at 6:30 p.m., In the school gym. All children kindergarten through grade eight are invited. Awana is a Bible-centered youth club with weekly games and special events. Regular meetings are held Mondays from 6:30 to 8:39p.m., beginning Sept. 16. tally Day* planned The Community Congregational Church of Island Lake Is launching its fall season with a "Rally Day" Sunday, Sept.. 8. This marks the start of Sunday School which runs from 9 to 10:15 a.m.; and the new church service time is 10:30 a.m. The open-denomination church wlecomes all residents of the area to enroll children in Sunday School and join in the worship services each Sunday. On Sept. 8, bring a favorite potluck dish and join in worship, good 'ood and fellowship. Rummage sale nears The annual fall Rummage Sale will be held Saturday, Sept. 14, 9 a.m. to 3 p.m., at the Community Congregational Church of I Lake. All rummage will be 50 cents a bag after 1 p. m. from hurch of Island Those wishing to donate good rummage Items may bring them to the church or cajl 381-3141 for pickup. INDEX/SECTION A Weather 2 Neighbors 5 Obituaries 3 Sports i..v 12-14 This is a 3 section, 34 page newspaper © ffiloRTHWEST nEWSPAPERS ¥ vrvnr Now that school has begun, parents can easily fall Into the rut of allowing their children salt or sugar filled snacks to tide them over to dinner. Col­ umnist June Cavarreta has"a better idea. SEC. B. PAGE 1 Helping Paws Helping Paws has an abun­ dance of dogs and cats for adoption Lost and found pets are also listed SEC. B, PAGE I