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ROSE v. ST. LOUIS UNION TRUST CO.

Gen. No. 67-99.

99 Ill. App.2d 81 (1968)

241 N.E.2d 16

Louise W. Rose, Individually, and as Co-Executor of the Estate of Clarence S. Rose, Deceased, Plaintiff-Appellee, v. St. Louis Union Trust Company, Individually, as Co-Executor of the Estate of Clarence S. Rose, Deceased, and as Trustee of an Inter Vivos Trust Created by Clarence S. Rose, C. Stephen Rose, Jr., Henrietta Rose Passega, and Unknown Owners, Defendants, St. Louis Union Trust Company, etc., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied and opinion modified October 23, 1968.

Attorney(s) appearing for the Case

C.E. Heiligenstein and W.E. Ackermann, of Belleville, for appellant.

Hoagland, Maucker, Bernard & Almeter, of Alton (James K. Almeter, of counsel), for appellee.

MORAN, J.

Plaintiff brought this case individually and as coexecutor of the estate of Clarence Rose, her husband, against St. Louis Union Trust Company in its individual capacity as coexecutor of her husband's estate and as trustee, to set aside an inter vivos trust created by decedent. The case was tried without a jury before the Twentieth Judicial Circuit of St. Clair County, Illinois. Defendant appeals from a decree in plaintiff's favor.

Plaintiff and Clarence...

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