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WARREN-BOYNTON STATE BANK v. WALLBAUM

No. 63827.

123 Ill.2d 429 (1988)

528 N.E.2d 640

WARREN-BOYNTON STATE BANK, Executor under the Will of E. Mae Wallbaum, Deceased, et al., Appellants, v. WILLIAM DUKE WALLBAUM et al., Appellees.

Supreme Court of Illinois.

Rehearing denied October 3, 1988.

Attorney(s) appearing for the Case

Barber, Segatto, Hoffee & Hines, of Springfield (Henry R. Barber, Richard C. Edwards, Carol O. Hoffee and R. Kurt Wilke, of counsel), for appellants.

Burger, Fombelle, Baxter, Zachry & Rathbun, P.C., of Decatur (Norman J. Fombelle and James E. Zachry, of counsel), for appellees William Duke Wallbaum et al.

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

Judgments reversed; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

The following issues are presented for review in what originated at the trial court level as a partition action requiring construction of language in a 1903 deed: (1) whether alternate contingent remainders created in the 1903 deed are subject to an implied condition of survival to the date of distribution, that is, the time of the death of the life tenant, or whether the...

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