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IN RE ESTATE OF TOIGO

Gen. No. 68-133.

107 Ill. App.2d 395 (1969)

246 N.E.2d 68

In the Matter of the Estate of Laura H. Toigo, Deceased. Jerome B. Toigo, Appellant, v. Walter W. Ross, Jr., Special Guardian ad Litem-Administrator Pro Tem of the Estate of Laura H. Toigo, Deceased, Richard E. Shea and Jerome B. Toigo, Co-Executors of the Estate of Laura H. Toigo, Deceased, Harry Hull Toigo, II, Harris Trust & Savings Bank, as Guardian of the Estate of Harry Hull Toigo, II, a Minor, Appellees.

Appellate Court of Illinois — Second District.

March 24, 1969.

Attorney(s) appearing for the Case

Goldsmith, Dyer, Thelin and Schiller, of Aurora, for appellant.

Peterson, Lowry, Rall, Barber & Ross, and Chapman and Cutler, of Chicago, for appellees.

PRESIDING JUSTICE MORAN delivered the opinion of the court.

This case arose out of a series of tragic events in which three members of one family died within a nine-month period. The controversy involves 900 shares of the common stock of the Pepsi-Cola Aurora, Elgin and Joliet Bottling Company, a family corporation.

In June, 1965, there were 2,500 shares of the company stock outstanding, 999 shares held by Pompey J. Toigo, the father and President of the company...

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