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WHALEN v. WHALEN

No. 3-91-0092.

577 N.E.2d 859 (1991)

217 Ill. App.3d 557

160 Ill.Dec. 534

Bernard F. WHALEN and Patrick T. Whalen, Plaintiffs-Appellees, v. Joseph H. WHALEN, in his capacity as Trustee under Testamentary Trust created by the Last Will and Testament of Kathryn Joan Whalen, a/k/a Joan Whalen, dated January 27, 1980, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 23, 1991.

Attorney(s) appearing for the Case

James Lloyd (argued), Claudon, Lloyd, Barnhart & Beal, Ltd., Canton, for Joseph H. Whalen.

Robert M. Riffle (argued), William H. Campbell, Linda L. Laugges, Keck, Mahin & Cate, Peoria, Ill., for Bernard F. Whalen and Patrick T. Whalen.

Justice McCUSKEY delivered the opinion of the court:

The defendant, Joseph Whalen, testamentary trustee of the estate of Kathryn Joan Whalen, deceased, appeals the ruling of the trial court finding that plaintiffs are vested remaindermen entitled to an accounting from the trustee. We affirm.

Decedent was married to Joseph Whalen, the defendant, and they had five children, Bernard, Patrick, Barbara, Susan, and Kathleen. Bernard and Patrick are the plaintiffs...

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