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IN RE ESTATE OF GREENBERG

Gen. No. 47,188.

15 Ill. App.2d 414 (1957)

146 N.E.2d 404

In Matter of Estate of Alex L. Greenberg, Deceased, Allen H. Schultz and Ida Schultz, Co-Executors, Appellants and Cross-Appellees, v. Nathan Sugarman, Co-Executor, Appellee and Cross-Appellant.

Appellate Court of Illinois — First District, Third Division.

Released for publication January 2, 1958.

Attorney(s) appearing for the Case

Schultz, Lippman & Biro, of Chicago (Robert Karmel, of counsel) for appellants and cross-appellees.

Moses and Theodore J. Levitan, of Chicago (Moses Levitan, and Theodore J. Levitan, of counsel) for appellee and cross-appellant.

JUDGE FRIEND delivered the opinion of the court.

Under the last will and testament of Alex L. Greenberg, deceased, Allen H. Schultz and Ida Schultz, petitioners, and Nathan Sugarman, respondent, were named as co-executors. In December 1955 Allen H. Schultz and Louis L. Biro were employed by all the co-executors as their attorneys. Article fourteen of the will provided that "if at any time three persons shall be acting as co-executors and co-trustees hereunder, the...

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