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ROSE v. KASZYNSKI

No. 88-0061.

178 Ill. App.3d 266 (1988)

533 N.E.2d 73

MICHAEL H. ROSE, Plaintiff-Appellee, v. MARY A. KASZYNSKI, Ex'r of the Estate of Ben Kaszynski, Deceased, Defendant-Appellant.

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

Rehearing denied February 2, 1989.

Attorney(s) appearing for the Case

Anthony C. Raccuglia & Associates, of Peru (James A. McPhedran, of counsel), for appellant.

Morgan & Karzov, Ltd., of Chicago (Arnold J. Karzov and Philip S. Witt, of counsel), for appellee.

Judgment affirmed.

JUSTICE BUCKLEY delivered the opinion of the court:

The present appeal arises out of a breach of contract action filed by plaintiff, Michael Rose, against Ben Kaszynski. During the pendency of this action, Ben Kaszynski (decedent) died on March 21, 1984. On April 10, 1984, letters of office in the decedent's estate were issued, and Mary Kaszynski, decedent's wife (defendant), was appointed executor of decedent's estate on the same day. On...

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