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IN RE ESTATE OF COMSTOCK

No. 79-273.

78 Ill. App.3d 933 (1979)

397 N.E.2d 1240

In re ESTATE OF HOWARD C. COMSTOCK, Deceased. — (EVA MINOR, Ex'r of the Estate of Howard C. Comstock, Petitioner, v. ILIAH COMSTOCK, Respondent-Appellant. — (KAREN CHEESMAN, Respondent-Appellee).)

Appellate Court of Illinois — Third District.

Opinion filed December 7, 1979.

Attorney(s) appearing for the Case

Charles E. Ruch, Jr., of Nutting, Thacker, Sacks & Paulauskis, of Kankakee, for appellant.

Frank R. Edwards, of Katz, McAndrews, Durkee & Telleen, of Rock Island, for appellee.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

This is an appeal by Iliah Comstock from the judgment of the Circuit Court of Kankakee County (in her deceased husband's estate proceedings) that Iliah's elective share as a surviving spouse (Ill. Rev. Stat. 1977, ch. 110 1/2, par. 2-8) should be computed from the assets available after deduction of all of the Federal estate tax obligation. Counsel for Iliah had argued that the elective...

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