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IN RE ESTATE OF GERBING

No. 47161.

61 Ill.2d 503 (1975)

337 N.E.2d 29

In re ESTATE OF HATTIE GERBING. — (Frank Gerbing, Jr., Appellant, v. Katherine Grigg et al., Appellees.)

Supreme Court of Illinois.

Rehearing denied November 21, 1975.

Attorney(s) appearing for the Case

Alice M. Bright, George A. Platz, James J. Carroll, and Robert A. Malstrom, of Sidley & Austin, of Chicago, for appellant.

James H. Canel, of Canel & Canel, of Chicago, for appellees Katherine Siebold Grigg, Robert Grigg, and Scott Grigg.

Jack Joseph, of Joseph & Friedman, of Chicago, for appellee Exchange National Bank of Chicago.

Affirmed in part and reversed in part and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

The will of Hattie Gerbing was admitted to probate in the probate division of the circuit court of Cook County, and her son, Frank Gerbing, Jr., was appointed executor. He later filed a petition with the court praying for instructions and directions concerning a trust provision in the will. The petitioner alleged that he believed that the trust created...

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