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WARREN BOYNTON STATE BANK v. WALLBAUM

No. 4-85-0560.

143 Ill. App.3d 628 (1986)

493 N.E.2d 21

WARREN BOYNTON STATE BANK, Ex'r under the Will of E. Mae Wallbaum, Deceased, et al., Plaintiffs and Counterdefendants-Appellees, v. WILLIAM DUKE WALLBAUM, et al., Defendants and Counterplaintiffs-Appellants (Martha Adkins Wallbaum et al., Defendants; Central Baptist Church, et al., Counterdefendants).

Appellate Court of Illinois — Fourth District.

Rehearing denied June 13, 1986.

Attorney(s) appearing for the Case

Burger, Fombelle, Baxter, Zachry & Rathbun, P.C., of Decatur (Norman J. Fombelle and James E. Zachry, of counsel), for appellants.

Barber, Segatto, Hoffee, Hines & Edwards, of Springfield (Henry R. Barber and Richard C. Edwards, of counsel), for appellees Warren Boynton State Bank and Leonard B. Stilwell II.

Robert A. Huffman, of Virginia, for appellees Mary Ann White and George William White.

William B. Wham, of Wham & Wham, of Centralia, for appellee Hudelson Baptist Children's Home.

Judgment reversed.

JUSTICE MORTHLAND delivered the opinion of the court:

This is an appeal from a judgment of the circuit court ordering partition. The appeal is brought by various children and descendants of Ernest A. Wallbaum and William Conway Wallbaum. The appellees are the executor of the estate of Emma Mae Wallbaum, a sister of Ernest and William Conway; the guardians of a disabled adult, the surviving widow of a grandson of Emma's third brother Frederick...

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