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MINONK STATE BK. v. GRASSMAN

No. 17240.

103 Ill. App.3d 1106 (1982)

432 N.E.2d 386

MINONK STATE BANK, Adm'r of the Estate of Agnes Grassman, Deceased, Plaintiff-Appellant, v. IDA GRASSMAN, Defendant-Appellee. — (BERNICE GERDES et al., Defendants.)

Appellate Court of Illinois — Fourth District.

Rehearing denied March 26, 1982.

Attorney(s) appearing for the Case

Westervelt, Johnson, Nicoll & Keller, of Peoria, and Riely & Riely, of Minonk (Jeffrey W. Jackson, Brian J. Meginnes, and James A. Riely, of counsel), for appellant.

Mark J. McGrath, of Mackinaw, guardian ad litem, for appellee.

Reversed and remanded.

JUSTICE MILLS delivered the opinion of the court:

We lay to rest today an antiquated and obsolete legal fiction — the "strawman."

Here is a question of first impression: Can a joint tenant unilaterally sever that joint tenancy by conveying her interest to herself as a tenant in common without the use of an intermediary?

Our answer is yes.

We reverse.

Plaintiff, the administrator of the estate of...

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