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IN RE ESTATE OF GAMMIE

No. 85-2039.

148 Ill. App.3d 408 (1986)

499 N.E.2d 591

In re ESTATE OF RENA A. GAMMIE, Deceased (Donald G. Gammie, Ex'r of the Estate of Rena A. Gammie, Appellant; James L. Gammie, Appellee).

Appellate Court of Illinois — First District (2nd Division).

Opinion filed October 7, 1986.

Attorney(s) appearing for the Case

Ralph O. Butz and Robert Keith Larson, both of Riordan, Larson, Bruckert & Moore, of Chicago, for appellant.

Barry C. Kessler, of Concannon, Dillon & Morton, of Chicago, for appellee.

Judgment reversed.

PRESIDING JUSTICE BILANDIC delivered the opinion of the court:

Donald G. Gammie, executor of the estate of Rena A. Gammie, appeals from an order of the trial court surcharging him for the alleged diminution of an asset of the estate.

Rena A. Gammie died testate on April 19, 1983. After making certain specific bequests, her will provided that the residue of the estate "shall be sold and converted to cash" and be distributed one-third...

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