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FREESE v. JEFFORDS

No. 33660.

7 Ill.2d 189 (1955)

130 N.E.2d 180

LEO FREESE, Trustee, Appellee, v. JEWELL JEFFORDS et al., — (JEWELL JEFFORDS, Appellant.)

Supreme Court of Illinois.

Opinion filed November 23, 1955.

Attorney(s) appearing for the Case

WILLIAM C. NOEL, JOSEPH M. WILLIAMSON, H. FRANK MIDDLETON, ROY C. FREEMAN, and ROBERT P. POPE, all of Urbana, for appellant.

JOHN H. FINFROCK, and ORIS BARTH, both of Urbana, for appellee.

Cause transferred.

Mr. JUSTICE DAVIS delivered the opinion of the court:

The circuit court of Champaign County entered a decree appointing a successor testamentary trustee and this direct appeal is taken from that decree, apparently on the theory that a freehold is involved. Although our jurisdiction upon direct appeal is not challenged by the appellee, it is the duty of this court to decline to proceed where jurisdiction does not exist. In re Estate of...

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