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MORTIMER v. MORTIMER

No. 54712.

6 Ill. App.3d 217 (1972)

285 N.E.2d 542

J. STIRLING MORTIMER, as Trustee, Plaintiff-Appellee, v. EARL C. MORTIMER et al., Defendants-Appellants — (CHARLES E. MORTIMER, a minor, by JOSEPH H. HORWICH, his Guardian ad Litem, Counter Plaintiff-Appellant, v. J. STIRLING MORTIMER, as Trustee, et al., Counter Defendants-Appellees.)

Appellate Court of Illinois — First District.

Rehearing denied July 19, 1972.

Attorney(s) appearing for the Case

Joseph H. Horwich, of Chicago, for appellants.

Paul R. Hoffman, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

This appeal presents two issues. 1. Whether the trial court erred in permitting an incompetent witness to testify. 2. Whether an inter vivos trust created in 1959 was revocable. The issues arise from pleadings in a declaratory judgment proceeding, the evidence and a declaratory judgment in which it was found that in 1965 the settlor revoked the trust. A brief summary of...

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