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MUSTACCI v. AUSTIN BANK OF CHICAGO

No. 1-91-0495.

592 N.E.2d 123 (1992)

227 Ill. App.3d 457

169 Ill.Dec. 636

Frank MUSTACCI, Plaintiff-Appellee, v. AUSTIN BANK OF CHICAGO, Defendant-Appellant, and the First National Bank of Des Plaines, Defendant.

Appellate Court of Illinois, First District, Fifth Division.

March 13, 1992.

Attorney(s) appearing for the Case

Robbins, Rubinstein, Salomon & Greenblatt, Ltd., Chicago (Richard Lee Stavins, Harold L. Moskowitz and Edward S. Salomon, of counsel), for defendant-appellant.

Cynthia Giacchetti, Chicago for plaintiff-appellee.

Presiding Justice MCNULTY delivered the opinion of the court.

On June 20, 1980, James Aquilla established a land trust number 98092994 at the First National Bank of Des Plaines, as Trustee. At that time James Aquilla was the sole beneficiary of the land trust with the sole power of direction. The property in the trust was 420 Lauder Lane, Inverness, Illinois.

In the 1970s and early 1980s, plaintiff Frank Mustacci, an uncle of James Aquilla, loaned various...

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