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OGLESBY v. SPRINGFIELD MARINE BANK

No. 4-92-1018.

620 N.E.2d 594 (1993)

250 Ill. App.3d 1038

189 Ill.Dec. 626

Virginia OGLESBY, Individually and as Executor under the Will of Richard J. Oglesby, III, Deceased, Counterplaintiff and Defendant and Third-Party Plaintiff-Appellant, v. SPRINGFIELD MARINE BANK, Trustee, Counterdefendant and Plaintiff (Emma Jean Counts et al., Defendants and Counterdefendants; Carlotta Hutchinson, n/k/a Carlotta Tibbals, et al., Defendants and Counterdefendants-Appellants; and Richard J. Oglesby IV, Defendant and Counterdefendant; Emma Jean Oglesby Counts, et al., Defendants and Counterdefendants-Appellees; and Peggy Counts Kent et al., Defendants and Third Party Defendants).

Appellate Court of Illinois, Fourth District.

Decided September 16, 1993.

Attorney(s) appearing for the Case

Robert A. Stuart, Jr., argued, Emmet A. Fairfield, Elizabeth W. Anderson, Brown, Hay & Stephens, Springfield, for Charlotte Oglesby, Carlotta Hutchinson, Victoria Hallam and John Norman Paulk.

Carl O. Hoffee, argued, Bernard G. Segatto, III, Barber, Segatto, Hoffee & Hines, Springfield, for Virginia Oglesby, individually and as Executor of the Will of Richard J. Oglesby, III.

Donald R. Tracy and Steven C. Rahn, argued, Hely, Royster, Voelker & Allen, Springfield, for Emma J. Oglesby Counts, Peggy J. Counts Kent, Stephanie J. Counts Baker, Georgia D. Counts Smith, Betty A. Kroesen and Timothy J. Oglesby.

Donald A. Behle, Warren Petern, Stephen L. Miller, Lincoln, Guardian ad Litem.

Justice KNECHT delivered the opinion of the court:

This is an action for construction of a testamentary trust created under the last will and testament of Emma Gillett Oglesby, deceased, dated January 27, 1924. The trust is due to terminate on February 1, 1998. Appellants argue the trial court erred in finding Emma Jean Oglesby Counts and James Edward Oglesby were "children of * * * Jasper" within the meaning of the will and thus entitled to share in the distribution...

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