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IN RE ESTATE OF HALE

No. 82-501.

111 Ill. App.3d 962 (1983)

444 N.E.2d 1370

In re ESTATE OF LUELLA S. HALE, Deceased. — (John Castelli, Adm'r of the Estate of Luella S. Hale, Petitioner-Appellee, v. Russell Castelli, Respondent-Appellant.)

Appellate Court of Illinois — Third District.

Opinion filed January 11, 1983.

Attorney(s) appearing for the Case

John J. Zerboglio, of Coal City, for appellant.

John V. Hanson, of Hanson and Hanson, of Morris, for appellee.

Reversed and remanded.

JUSTICE ALLOY delivered the opinion of the court:

This is a case of first impression. It requires that we determine whether the payment of funeral and other expenses for a decedent may properly be used to offset the judgment in a citation proceeding when the legatee who incurred those expenses used property of the estate to meet those expenses, acting in the belief that he was also the executor of decedent's estate. We hold that such...

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