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BRITTON v. WINGER

No. 4-82-0093.

110 Ill. App.3d 230 (1982)

442 N.E.2d 264

JEAN CHARLES BRITTON et al., Plaintiffs-Appellees, v. PAUL J. WINGER, Indiv. and as Trustee of Trust Agreement No. 1, et al., Defendants-Appellants. — (Patrick Britton et al., Defendants.)

Appellate Court of Illinois — Fourth District.

Opinion filed November 5, 1982.

Attorney(s) appearing for the Case

Costigan and Wollrab, of Bloomington (James P. Ginzkey, of counsel), for appellants.

Evans and Davis, of Kingfisher, Oklahoma, and Livingston, Barger, Brandt, Slater & Schroeder, of Bloomington (Whedon Slater, of counsel), for appellees.

James DePew, of Bloomington, guardian ad litem.

Order affirmed.

JUSTICE WEBBER delivered the opinion of the court:

Defendant trustee appeals from an order of the circuit court of McLean County, the effect of which is to create a constructive trust in favor of the plaintiff beneficiaries in an undivided interest in the farmland which is the corpus of the trust. While we feel that the plaintiffs and the trial court were too lenient with the defendant, it is not our province to impose a harsher remedy and...

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