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IN RE ESTATE OF McCABE

No. 80-30.

95 Ill. App.3d 1081 (1981)

420 N.E.2d 1024

In re ESTATE OF JAMES O. McCABE, Deceased. — (SHEILA BENTHALL, Petitioner-Appellee, v. FRANCIS McCABE et al., Ex'rs and Trustees of the Will of James O. McCabe, Respondents-Appellants.)

Appellate Court of Illinois — Fifth District.

Rehearing denied May 28, 1981.

Attorney(s) appearing for the Case

Walker & Williams, P.C., of Belleville (James R. Kalish, of counsel), for appellants.

Callahan & Moran, of Trenton (Kathleen Moran, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE JONES delivered the opinion of the court:

At issue in this appeal is the validity of a family settlement agreement executed by the three children of the decedent, James McCabe. After his death on September 22, 1978, his brother and sister, Francis McCabe and Betty June Luck, who were nominated as "joint-Executors and Joint Trustees" of his will, filed a petition, on October...

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