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IN RE ESTATE OF HERWIG

No. 2-92-0481.

604 N.E.2d 1164 (1992)

237 Ill. App.3d 737

178 Ill.Dec. 641

In re ESTATE OF Charlotte HERWIG, Deceased (Wesley B. Herwig, et al., Plaintiffs and Counterdefendants-Appellants, v. Dixon National Bank, et al., as Co-ex'rs of the Estate of Charlotte Herwig, Deceased, et al., Defendants and Counterplaintiffs-Appellees).

Appellate Court of Illinois, Second District.

Rehearing Denied January 11, 1993.

Attorney(s) appearing for the Case

Donald Q. Manning, Clark, McGreevy & Johnson, Rockford, Bruce E. Keller, Keller & Lathe, Dixon, for Wesley B. Herwig, Kenneth Herwig, Evelyn Needham, Carrie Ramsdell, James W. Pankhurst, and Robert W. Ramsdell.

Larry Johnson, Ward, Murray, Pace & Johnson, P.C., Sterling, for the Estate of Robert W. Ramsdell, deceased.

Gary R. Gehlbach, Charles T. Beckman, Douglas E. Lee, Ehrmann, Gehlbach & Beckman, Dixon, for the First United Methodist Church of Dixon, the Immanuel Lutheran Church of Dixon, and the Salvation Army.

Wayne R. Whitmore, Jr., Whitmore & Engels Law Office, Mendota, for the Estate of Charlotte Herwig, deceased.

Justice McLAREN delivered the opinion of the court:

Plaintiffs, Wesley B. Herwig, Kenneth Herwig, Evelyn Needham, Carrie Ramsdell, James W. Pankhurst, and Robert W. Ramsdell, brought an action for specific performance of a written settlement agreement dated December 20, 1976, which they made with decedent, Charlotte Herwig. The agreement involved the exchange of a life estate for a quitclaim deed. Plaintiffs sought execution and delivery of the quitclaim deed against...

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