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IN RE ESTATE OF HALL

No. 4-84-0138.

127 Ill. App.3d 1031 (1984)

469 N.E.2d 378

In re ESTATE OF ODE HALL, Deceased (John Warner Bank, Ex'r of the Estate of Ode Hall, Petitioner-Appellee, v. Edward A. Hall, Jr., et al., Respondents (Ted Hall, Respondent-Appellee; Gertrude Connors, Respondent-Appellant)).

Appellate Court of Illinois — Fourth District.

Rehearing denied November 2, 1984.

Attorney(s) appearing for the Case

Brown, Hawkins, Basola & Mattingley, of Decatur (Rex L. Brown and Britt A. Brown, of counsel), for appellant.

A.J. Rudasill, of Clinton, for appellee Ted Hall.

Smith, Smith & Taylor, of Clinton, for other appellee.

Affirmed in part, reversed in part and remanded.

PRESIDING JUSTICE MILLS delivered the opinion of the court:

Testamentary trust.

Title to land vests upon death of the testator.

Trust income during probate should have gone to the income beneficiary and not used for costs of administration.

We reverse.

The will of Ode Hall devised all of Ode's real estate to the John Warner Bank of Clinton, Illinois, as trustee. Ode's sister,...

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