BERGHEGER v. BOYLE

No. 5-92-0347.

629 N.E.2d 1168 (1994)

258 Ill. App.3d 413

196 Ill.Dec. 324

Blake G. BERGHEGER, Brian F. Bergheger, and Brent C. Bergheger, as Independent Coexecutors of the Estate of Jennie H.A. Biebel, Deceased, Plaintiffs-Appellants, v. Kay A. BOYLE, Thomas C. Wangelin Jr., Administrator with the Will Annexed of the Estate of Norman J. Biebel, Deceased, and Xerox Financial Services Life Insurance Company, a Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

February 25, 1994.


Attorney(s) appearing for the Case

George E. Marifian, Mathis, Marifian, Richter & Grandy, Ltd., Belleville, for appellants.

Thomas A. LeChien and Julia B. Welch, LeChien & Associates, Ltd., Belleville, for Kay A. Boyle.

Donald M. Samson, Belleville, for Thomas C. Wangelin, Jr.—adopted brief of Kay A. Boyle.


Justice MAAG delivered the opinion of the court:

In 1986 and later in 1988, Norman J. Biebel purchased several annuities (a total of four). At the time Norman purchased the annuities, he designated his first wife, Verna, as beneficiary of all four annuities. Verna died in December of 1988. A few weeks after Verna died, Norman changed the beneficiary of three of the annuities to his only child, Kay A. Boyle. The fourth annuity retained the designation of Verna as beneficiary...

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