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MATTER OF ESTATE OF WAGLER

No. 3-90-0760.

577 N.E.2d 878 (1991)

217 Ill. App.3d 526

160 Ill.Dec. 553

In the Matter of the ESTATE OF Jess H. WAGLER, Deceased (Donald R. Clark and Wilma A. Clark, Claimants-Appellants; Lucy Weeks, Residuary-Legatee-Appellee; Kevin J. Stark, Executor, Defendant-Appellee).

Appellate Court of Illinois, Third District.

August 23, 1991.

Attorney(s) appearing for the Case

Charles L. McNeil (argued), McNeil & McNeil, Mason City, for Donald R. Clark and Wilma A. Clark.

David A. Benckendorf, Peoria, for Lucy Weeks.

Susan Butler (argued), Morton, for Kevin J. Stark.

Justice GORMAN delivered the opinion of the court:

This appeal pertains to a claim filed in the estate of J.H. Wagler (also known as Jess H. Wagler), deceased. The executor, Kevin J. Stark, and one of the residuary legatees, Lucy Weeks, filed separate motions for judgment on the pleadings with respect to the claim filed by Donald R. Clark. The circuit court granted the motion filed by the legatee and entered judgment in favor of the estate and against the claimant...

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