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IN RE ESTATE OF KIRCHWEHM

No. 1-90-1635.

570 N.E.2d 851 (1991)

211 Ill. App.3d 1015

156 Ill.Dec. 375

In re the ESTATE OF Alice A. KIRCHWEHM, Deceased (Doris J. O'Donnell, Successor Trustee under the Last Will of Harriet McKean, Deceased, Plaintiff-Appellee, v. Ignatius Navicky, a/k/a Ignatius Navicki, a/k/a Enoch Navicky, Sylvia Rusbasan, William Rusbasan, Gloria Wolflick, Joan Grigonis, June Grigonis, Joseph Navicky, Jr., Richard Navicky, and Natalie Nicoletti, Defendants; Ignatius Navicky, a/k/a Ignatius Navicki, a/k/a Enoch Navicky, Joseph Navicky, Jr., Richard Navicky, and Natalie Nicoletti, Defendants-Appellants).

Appellate Court of Illinois, First District, Second Division.

March 28, 1991.

Attorney(s) appearing for the Case

John M. Morrone, P.C., Palos Heights (John M. Morrone, of counsel), for defendants-appellants.

Shaheen, Lundberg, Callahan and Orr, P.C., Chicago (Henry N. Novoselsky, of counsel), for plaintiff-appellee.

Justice HARTMAN delivered the opinion of the court:

Appellants seek review of the circuit court's order which approved trustee's final report and accounting and granted the trustee's motion for summary judgment regarding Alice Kirchwehm's (Alice) exercised testamentary power of appointment. The issues raised on appeal are whether (1) the language of Alice's will indicates an intent to exercise her power of appointment in favor of the descendants of the predeceased...

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