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IN RE ESTATE OF CAFFREY

No. 82-2912.

120 Ill. App.3d 917 (1983)

458 N.E.2d 1147

In re ESTATE OF JOHN R. CAFFREY, Deceased — (The La Salle National Bank, Petitioner-Appellee, v. Mary H. Caffrey, Ex'r of the Estate of John R. Caffrey, Respondent-Appellant).

Appellate Court of Illinois — First District (1st Division).

Opinion filed December 30, 1983.

Attorney(s) appearing for the Case

Carr & O'Rourke Associates, of Chicago, for appellant.

Charles M. Biggam, Jr., and William Barnett, Jr., both of Biggam, Cowan, Marquardt & Lunding, of Chicago, for appellee.

Order affirmed.

JUSTICE CAMPBELL delivered the opinion of the court:

Respondent, Mary H. Caffrey, appeals from an order of the circuit court of Cook County that upon motion of petitioner, La Salle National Bank, reduced the amount of a surviving spouse award she had previously received and required her to refund the difference to the estate. The sole issue raised on appeal is whether the spouse's award provision of the Probate Act of 1975 (commonly referred...

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