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TERSAVICH v. FIRST NAT'L BK. & TR. CO.

No. 2-89-0405.

194 Ill. App.3d 972 (1990)

551 N.E.2d 815

KIM TERSAVICH, Plaintiff-Appellant and Cross-Appellee, v. FIRST NATIONAL BANK & TRUST COMPANY OF ROCKFORD, as Trustee, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied April 4, 1990.

Attorney(s) appearing for the Case

David K.A. Shair and Craig A. Willette, both of Ritz, Shair & Anderson, Ltd., of Rockford, for appellant.

Kim M. Casey and Bradley T. Koch, both of Holmstrom & Green, P.C., of Rockford, for appellee.

Reversed and remanded.

JUSTICE DUNN delivered the opinion of the court:

The defendant, First National Bank & Trust Company of Rockford, is the trustee of a residuary testamentary trust created by Edward B. Holt (decedent). The will which created the trust lists as its beneficiaries the decedent's "children," but it does not name the plaintiff, Kim Tersavich, who claims to have been fathered out of wedlock by the decedent. The plaintiff brought an action...

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