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IN RE ESTATE OF MILLER

Nos. 3-89-0212, 3-89-0213 cons.

197 Ill. App.3d 67 (1990)

556 N.E.2d 568

In re ESTATE OF ELEANOR JANE MILLER, Deceased (Lyle Blaine Miller, Petitioner-Appellee, v. James P. Kellstedt, Respondent and Contemnor-Appellant). — In re ESTATE OF ELEANOR JANE MILLER, Deceased (James P. Kellstedt, Petitioner-Appellant, v. Lyle Blaine Miller, Ex'r, Respondent-Appellee).

Appellate Court of Illinois — Third District.

Rehearing denied May 23, 1990.

Attorney(s) appearing for the Case

James P. Kellstedt, of Peoria Heights, appellant pro se.

Bernardi, Bernardi & Bode, of Pekin (Kirk W. Bode, of counsel), for appellee.

Order affirmed.

JUSTICE BARRY delivered the opinion of the court:

This cause arose out of probate proceedings upon the demise of Eleanor Jane Miller, who died testate on May 17, 1986. The surviving spouse and executor of her will, Lyle Blaine Miller, was represented by Attorney James P. Kellstedt in the probate matter. Upon preparation of the final accounting, Miller refused to pay Kellstedt's fees and costs, which he claimed in the amount of $2,451.50 After...

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