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MITCHELL v. SIMMS

No. 78-1294.

79 Ill. App.3d 215 (1979)

398 N.E.2d 211

NICHOLETTA MITCHELL, Ex'r of the Estate of George P. Mitchell, a/k/a George Mitchell, a/k/a George Paraskevas Michalopoulos, a/k/a George Michalopoulos, Deceased, Plaintiff-Appellant, v. ELAINE SIMMS, Conservator of the Estate of John Mitchell, a/k/a John Michalopoulos, Incompetent, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed November 30, 1979.

Attorney(s) appearing for the Case

Ira D. Schultz, of Chicago (Sidney Z. Karasik, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith and George W. Spellmire, Jr., of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE WILSON delivered the opinion of the court:

Plaintiff appeals the trial court order granting defendants' motion for summary judgment and defendants' motion to strike an affidavit filed with plaintiff's response to the summary judgment motion in an action seeking a declaration of a trust on property allegedly jointly owned by plaintiff's decedent and his brother. Plaintiff contends that (1) the trial court erred in granting...

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