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IN RE ESTATE OF PAYTON

No. 79-278.

79 Ill. App.3d 732 (1979)

398 N.E.2d 977

In re ESTATE OF ROBERT PAYTON, Incompetent. — (JAMES D. GRIFFITH, Special Adm'r of the Estate of Robert Payton, Petitioner-Appellee, v. MARTHA PAYTON, Respondent-Appellant.)

Appellate Court of Illinois — First District (4th Division).

Opinion filed December 20, 1979.

Attorney(s) appearing for the Case

Sophia H. Hall, of Mitchell, Hall, Jones & Black, P.C., of Chicago, for appellant.

James D. Griffith and David H. Pauker, both of Juron, Pauker, Rubin & Griffith, Ltd., of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

Martha Payton, respondent, has brought this appeal from the judgment of the circuit court finding that certain transfers of property owned by Robert Payton into joint ownership with her were invalid because Robert was not competent at the time he made the transfers. Respondent contends that she was denied a fair trial on the issue when the trial court: (1) erroneously submitted to...

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