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MERCHANTS NAT'L BK. v. OLD SECOND NAT'L BK.

No. 2-87-0280.

164 Ill. App.3d 11 (1987)

517 N.E.2d 652

MERCHANTS NATIONAL BANK OF AURORA, as Successor Ex'r of the Estate of Jean Marie Dunham, Deceased, Plaintiff-Appellant and Cross-Appellee, v. THE OLD SECOND NATIONAL BANK OF AURORA et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed December 17, 1987.

Attorney(s) appearing for the Case

Robert B. Hupp and Gerald K. Hodge, both of Murphy, Hupp, Foote, Mielke & Kinnally, of Aurora (William C. Murphy, of counsel), for appellant.

Edward J. McWethy, of Alschuler, Putnam, McWethy, Funkey & Lewis, P.C., of Aurora (Ralph C. Putnam, Jr., of counsel), for appellee Aurora Foundation.

Mary Ellen Pelling Hulce, of St. Charles, for appellee Estate of John S. Dunham.

William Schanlaber and M. Katherine Moran, both of Drendel, Schanlaber, Horwitz & Tatnall, of Aurora (Richard L. Horwitz of counsel), for other appellees.

Affirmed in part and reversed in part.

JUSTICE UNVERZAGT delivered the opinion of the court:

Merchants National Bank of Aurora (Merchants), as executor of the estate of Jean Marie Dunham, appeals from an order of the circuit court of Kane County construing the will of John Stewart Dunham. John S. Dunham's will and a codicil to the will were probated after his death on August 27, 1979. The documents provided that most of his property was to be placed in separate...

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