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IN RE ESTATE OF STERN

No. 1-92-4220.

636 N.E.2d 939 (1994)

263 Ill. App.3d 1002

201 Ill.Dec. 507

In re ESTATE OF Lotta Rosalind STERN, Deceased (Northern Trust Company of Chicago, Successor Trustee of Lotta R. Stern Trust Dated May 23, 1980, Petitioner-Appellant, v. Wanda A. Gibbs, Individually and as Independent Executor of the Estate of Lotta Rosalind Stern, et al., Respondents-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

June 2, 1994.

Attorney(s) appearing for the Case

Gerald R. Singer of Eckhart, McSwain, Silliman & Sears, Chicago, for appellant.

Etta J. Cole, Alvin R. Becker, Chicago, for appellees.

Justice THEIS delivered the opinion of the court:

Northern Trust Company, the successor trustee of the Lotta R. Stern Trust dated May 23, 1980, filed a petition to contest the 1989 will of Lotta R. Stern. Wanda Gibbs, executrix of the 1989 will, moved for summary judgment on this petition. (735 ILCS 5/2-1005 (West 1992).) The probate court granted Gibbs' motion on October 20, 1992. We now reverse the decision of the lower court and remand this case for further proceedings...

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