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DAUER v. BUTERA

No. 1-92-3498.

642 N.E.2d 848 (1994)

267 Ill. App.3d 539

204 Ill.Dec. 947

Frances M. DAUER, and Richard Adelizzi, Plaintiffs-Appellants, v. Steve BUTERA, Lindsay Adelizzi, Joy Adelizzi, Kimberly Feeney, LeRoy Butera, Joseph Butera and Paul Adelizzi, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

November 4, 1994.

Attorney(s) appearing for the Case

Speranza, Bates and De Pree, Lake Forest (Carmen V. Speranza, Peter A. Speranza, Stephen V. Speranza, of counsel), for appellant.

Law Offices of Aaron Spivack, Chicago (Lee M. Weisz, Braun & Rivkin, Ltd. of counsel), for appellee.

Justice COUSINS, delivered the opinion of the court:

This appeal arises from an action brought by Frances M. Dauer and Richard Adelizzi (plaintiffs), grandchildren of Frances Butera (decedent). Decedent left a will creating a testamentary trust for the life of her son Thomas Butera, with the remainder going to decedent's other children upon Thomas Butera's death. Steven Butera (defendant) is the trustee. Plaintiffs, heirs to deceased children of decedent, commenced...

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