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IN RE ESTATE OF DUNCAN

No. 5-87-0476.

171 Ill. App.3d 594 (1988)

525 N.E.2d 1212

In re ESTATE OF MINNA DUNCAN, Deceased (Estate of Minna Duncan, Appellant, v. Estate of Charles D. Stemmler, Appellee).

Appellate Court of Illinois — Fifth District.

Opinion filed July 6, 1988.

Attorney(s) appearing for the Case

E. Dan Kimmel, of Gilbert, Kimmel, Huffman & Prosser, Ltd. of Carbondale, for appellant.

William B. Ballard, Jr., of Anna, for appellee.

Reversed and remanded.

PRESIDING JUSTICE HARRISON delivered the opinion of the court:

This is an appeal from an order by the trial court of Union County awarding the estate of Charles Stemmler, appellee, a statutory share of half of the estate of Minna Duncan, appellant; ordering appellant to pay $5,000 to appellee as a surviving spouse's award; and ordering appellant to pay 25% of the total net proceeds from the

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