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IN RE ESTATE OF WERNICK

No. 82-1806.

117 Ill. App.3d 855 (1983)

454 N.E.2d 20

In re ESTATE OF E. DAVIS WERNICK, Deceased (Garson Wernick, Ex'r of the Estate of E. Davis Wernick, et al., Petitioners-Appellants, v. Mitchell Macks, Respondent-Appellee).

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied September 28, 1983.

Attorney(s) appearing for the Case

Barry A. Feinberg, of Chuhak, Tecson, Kienlen & Feinberg, of Chicago, for appellant Garson Wernick.

Theodore M. Becker and David J. Eckert, both of Becker & Tenenbaum, and Peter R. Meyers, both of Chicago, for appellant Samuel S. Wernick.

David R. Herzog, of Layfer, Cohen, Handelsman & Mora, Ltd., of Chicago (Fred F. Herzog, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

Petitioners, Garson Wernick, executor of the estate of E. Davis Wernick, deceased (the Estate) and Samuel S. Wernick, son and one of the beneficiaries of the Estate, brought proceedings in probate court against respondent, seeking recovery of the decedent's one-half beneficial interest in a land trust which held legal title to certain properties commonly...

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