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IN RE ESTATE OF DIVINE

No. 1-92-3636.

635 N.E.2d 581 (1994)

263 Ill. App.3d 799

200 Ill.Dec. 242

In re the Estate of RICHARD D. DIVINE, deceased, (Alice Lyster, Sr., Alice Lyster, Jr., Margie Reed, Edmund Lyster, and Susan Blumenfeld, Petitioners-Appellants, v. Patricia Giancola, Respondent-Appellee).

Appellate Court of Illinois, First District, Sixth Division.

May 6, 1994.

Attorney(s) appearing for the Case

Ronald H. Balson, Chicago, for petitioners-appellants.

A. Charles Kogut and Anthony J. Kogut of Kogut & Associates, Des Plaines, for respondent-appellee.

Presiding Justice EGAN delivered the opinion of the court:

The petitioners, who are family members and legatees of the deceased Richard Divine (Richard), filed a petition for a citation of recovery against Patricia Giancola, alleging that Giancola wrongly obtained possession of money which was properly part of Richard's estate. Giancola claimed the funds as the surviving joint tenant of two joint bank accounts. After a hearing, the trial judge granted Giancola's motion...

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