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PINZINO v. VOGEL

No. 80-575.

98 Ill. App.3d 330 (1981)

424 N.E.2d 371

EILEEN J. PINZINO et al., Plaintiffs-Appellants, v. VIRGIL J. "SONNY" VOGEL et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed July 23, 1981.

Attorney(s) appearing for the Case

Loren Thomson, of Thomson, Weintraub & Thompson, of Bloomington, for appellants.

John C. Mulgrew, Jr., of Davis & Morgan, and Jerold I. Horn, both of Peoria, for appellees.

Reversed and remanded.

Mr. JUSTICE WEBBER delivered the opinion of the court:

Plaintiffs appeal an order of the circuit court of Tazewell County which dismissed with prejudice their complaint for failure to state a cause of action. The question presented is whether those who take in default of the exercise of a general testamentary power of appointment are barred from redress for breaches of trust when the donee of the power has ratified any such breach. Counsel...

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