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STEIN v. SCOTT

No. 1-92-0992.

625 N.E.2d 713 (1993)

252 Ill. App.3d 611

192 Ill.Dec. 558

Arleigh R. STEIN, individually and as Successor Co-Trustee of the Iola J. Ralph Declaration of Trust dated 12/30/88; and NBD Trust Company of Illinois, not individually but as Successor Co-Trustee of the Iola J. Ralph Declaration of Trust dated 12/30/88, Plaintiffs-Appellees, v. Randilyn L. SCOTT, Defendant-Appellant (Lindeigh C. Stein; Gillian K. Stein, a minor; and Avivah M. Stein, a minor, Defendants-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

August 19, 1993.

Attorney(s) appearing for the Case

Malcolm W. Burnett, Jr., Northbrook of counsel, for defendant-appellant.

Cowan & Minetz, Chartered, Chicago (Sarah S. Hersen, of counsel), for plaintiffs-appellees.

Justice HOFFMAN delivered the opinion of the court:

Plaintiffs, Arleigh Stein and NBD Trust Company of Illinois, as co-trustees, brought a declaratory judgment action to construe certain provisions of a trust of which defendant, Randilyn Scott, was beneficiary, and Stein's children, defendants Lindeigh, Gillian, and Avivah Stein, were residuary beneficiaries. Following cross-motions for summary judgment pursuant to section 2-1005 of the Code of Civil Procedure (Ill...

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