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TOMPKINS STATE BANK v. NILES

No. 3-87-0009.

160 Ill. App.3d 226 (1987)

513 N.E.2d 548

TOMPKINS STATE BANK, Plaintiff-Appellee, v. DONALD R. NILES, a/k/a Don Niles, a/k/a Donald E. Niles, et al., Defendants-Appellants (Monmouth Grain and Dryer Company, Defendant-Appellee).

Appellate Court of Illinois — Third District.

Opinion filed September 9, 1987.

Attorney(s) appearing for the Case

Jack P. Ball, of Nelson, Gustafson & Blake, of Galesburg, for appellants Donald R. Niles, Mary Ellen Niles, Darron L. Niles, and Melanie Sue Yates.

Dawn A. Conolly, of Lucas, Brown & McDonald, of Galesburg, for appellee Tompkins State Bank.

Richard Whitman, of Stansell, Critser & Whitman, of Monmouth, for appellee Monmouth Grain & Dryer Company.

Judgment reversed.

JUSTICE GREEN delivered the opinion of the court:

This case concerns the operation of the disclaimer provisions contained in section 2-7(e) of the Probate Act of 1975, which states in part:

"Waiver and Bar. The right to disclaim property or a part thereof or an interest therein shall be banned by (1) a judicial sale of the property, part or interest before the disclaimer is effected; (2) an assignment, conveyance, encumbrance...

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