AKERMAN v. TROSPER

No. 80-507.

95 Ill. App.3d 1051 (1981)

420 N.E.2d 1148

JANE AKERMAN et al., Plaintiffs-Appellees, v. DAVID TROSPER et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Opinion filed May 8, 1981.


Attorney(s) appearing for the Case

Robert E. White, of White & Marsh, of Ottawa, for appellants.

Eugene P. Daugherity, of Myers, Daugherity & Berry, Ltd., of Streator, and Civinelli, Bakalis, Keller & Culliton, of Bloomingdale, for appellees.


Judgment affirmed and cause remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

This cause comes before us on interlocutory appeal pursuant to Rule 308 (Ill. Rev. Stat. 1980, ch. 110A, par. 308). At issue is whether a court is required to sever a will contest from an action to avoid or impose constructive trusts upon deeds of real property and transfers by gift of personalty. The court below denied the defendants' motion to sever, finding that...

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