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MATTER OF ESTATE OF ROSS

No. 3-92-0141.

604 N.E.2d 982 (1992)

237 Ill. App.3d 574

178 Ill.Dec. 459

In the MATTER of the ESTATE OF Gilbert ROSS, Deceased. (James L. Ross, Doris J. Wasson, Carol L. Guilinger, Robert L. Ross, Edward F. Ross, William Ross, Mildred Galusha, Juanita Yancil, Lois Slocum, Duane Rosenbalm, Robert Roark, Anne Smith, Mary Martin, Donald Roark, Betty Avila, Marlene Cokel, Marjorie Hernandez, Erva Logan, Nancy Hoy, Susan Schunter, James Michael Johnson, Allan Johnson, Cindy Richardson, Diane Jewitt, Cheryl Walker, Dena Wells & Teresa Roark, Petitioners-Appellants, v. Arthur Kane, Executor, Marie Hawk, Marjorie Markley & Norma Hollenberg, Respondents-Appellees).

Appellate Court of Illinois, Third District.

November 13, 1992.

Attorney(s) appearing for the Case

Michael E. Massie (argued), Massie & Steele, Galva, for James L. Ross, Doris J. Wasson, Carol L. Guilinger, Robert L. Ross, Edward F. Ross, William Ross, Mildred Galusha, Juanita Vancil, Lois Slocum, Duane Rosenbalm, Robert Roark, Anne Smith, Mary Martin, Donald Roark, Betty Avila, Marlene Cokel, Marjorie Hernandez, Erva Logan, Nancy Hoy, Susan Schunter, James Michael Johnson, Allan Johnson, Cindy Richardson, Diane Jewitt, Cheryl Walker, Dena Wells, Teresa Roark.

Richard L. Whitman, Sr. (argued), Stansell, Critser, Whitman & Hultgren, Monmouth, for Arthur Kane, Marie Hawk, Marjorie Markley, Norma Hollenberg.

Justice GORMAN delivered the opinion of the court:

In this will construction case, plaintiffs, nieces and nephews of testator Gilbert Ross, sought a finding that their uncle's will was ambiguous and that his intent, as shown by extrinsic evidence, was for his property to pass to his siblings or their descendants. The trial court entered summary judgment for defendants, testator's surviving siblings, who claimed that the will and the applicable law provide that the...

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