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HUBBARD v. SCHUMAKER

No. 79-28.

82 Ill. App.3d 476 (1980)

402 N.E.2d 857

CAROL HUBBARD, Plaintiff-Appellant, v. SANDRA SCHUMAKER et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied April 23, 1980.

Attorney(s) appearing for the Case

Paul F. O'Neil and Russell L. Willis, Jr., both of O'Neill & Willis, of Rochelle, for appellant.

James M. Regnier and Philip H. Nye, Jr., both of Fearer and Nye, of Rochelle, for appellees.

Judgment reversed.

Mr. JUSTICE UNVERZAGT delivered the opinion of the court:

Plaintiff sought to have a constructive trust declared on a one-fourth interest in a quarter section of land conveyed by her to her brother, Roger Schumaker, now deceased. The trial court found that a constructive trust had arisen as a result of the confidential relationship which existed between plaintiff and her brother. The court held, however, that plaintiff had intended to sell...

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