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DURDLE v. DURDLE

No. 4-91-0489.

585 N.E.2d 1171 (1992)

223 Ill. App.3d 964

166 Ill.Dec. 149

Delmar W. DURDLE, Executor of the Estate of Clarence G. Miller, Deceased, Plaintiff-Appellee, v. Delmar W. DURDLE, Executor of the Estate of Lawrence F. Miller, Deceased, and Verla Hill, Defendants Karla Mae Bartels, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 16, 1992.

Attorney(s) appearing for the Case

Charles K. Smith, Grosboll, Becker, Tice, Alvarez & Smith, Petersburg, for defendant-appellant.

Don P. Boggs, Boggs & Knuppel, P.C., Havana, for plaintiff-appellee.

Justice LUND delivered the opinion of the court:

A trust beneficiary, Karla Mae Bartels, filed a petition to convert the trust real estate to an asset generating greater income. The trial court dismissed the petition. (Ill.Rev.Stat.1989, ch. 110, par. 2-619.) The beneficiary now claims on appeal that (1) the trustee's motion to dismiss should not have been granted; (2) the trust instrument does not preclude sale of the real estate; and (3) even if the trust did preclude...

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