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IN RE ESTATE OF MACKEY

No. 84-2672.

139 Ill. App.3d 126 (1985)

487 N.E.2d 81

In re ESTATE OF WILLIAM MACKEY, Deceased (Freedom Savings-Winter Park, Appellee, v. Milton J. Kolman et al., Ex'rs of the Estate of William Mackey, Appellants).

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

Opinion filed December 9, 1985.

Attorney(s) appearing for the Case

Laser, Schostok, Kolman & Frank, of Chicago (Bruce M. Friedman, of counsel), for appellants.

Nisen, Elliott & Meier, of Chicago (James E. Hussey, of counsel), for appellee.

Judgment affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

At issue in this appeal is whether a claim based on a decedent's guaranty of payment on a note is an allowable claim against the estate of the deceased guarantor where liability on the guaranty does not arise until after the statutory period for filing claims against the estate has expired. We hold that it is an allowable claim.

The parties stipulated to the essential facts in...

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