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PAYNE v. RIVER FOREST STATE BK. & T. CO.

No. 78-1875.

81 Ill. App.3d 1128 (1980)

401 N.E.2d 1229

EARL PAYNE, Plaintiff-Appellant, v. THE RIVER FOREST STATE BANK & TRUST COMPANY, Ex'r of the Estate of Emily T. Payne, Deceased, et al., Defendants-Appellees.

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

Opinion filed February 28, 1980.

Attorney(s) appearing for the Case

C. Jackson Darnall, of Darnall, Polachek & Associates, of Franklin Park, for appellant.

J. Stirling Mortimer, of J. Stirling Mortimer, Ltd., of Chicago, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE LINN delivered the opinion of the court:

Plaintiff, Earl Payne, filed suit in the circuit court of Cook County against the defendant land trustee, River Forest State Bank and Trust Company (the bank), and the defendant land trust beneficiary, Katy Pat Johansson, to set aside the inter vivos land trust established by his deceased wife. Plaintiff alleged that the creation of the trust resulted in a fraud upon his...

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