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IN RE ESTATE OF CHAITLEN

No. 88-0934.

179 Ill. App.3d 287 (1989)

534 N.E.2d 482

In re ESTATE OF MORRIE CHAITLEN, Deceased (Stephen D. Rubin, Plaintiff-Appellant and Cross-Appellee, v. National Boulevard Bank of Chicago, Ex'r of the Estate of Morrie Chaitlen, Deceased, Defendant-Appellee and Cross-Appellant).

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

Opinion filed January 30, 1989.

Attorney(s) appearing for the Case

James E. Dahl & Associates, of Chicago (Walter P. Dahl, of counsel), for appellant.

Daley & George, Ltd., of Chicago (John J. George and Dennis J. Aukstik, of counsel), for appellee.

Affirmed in part, and reversed and remanded in part.

JUSTICE O'CONNOR delivered the opinion of the court:

This is an appeal from an order upholding the validity of an agreement to create a trust and directing the creation of a trust. The issues raised on appeal are whether the trial court erred in imposing a trust and whether the trust should have been imposed retroactively to the date of decedent's death.

On January 16, 1974, Donna Rubin and plaintiff...

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