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MATTER OF ESTATE OF DAY

Nos. 3-93-0821, 3-93-0822.

634 N.E.2d 1232 (1994)

261 Ill. App.3d 993

199 Ill.Dec. 878

In the Matter of the ESTATE OF Ora B. DAY, Deceased (Leonard D. Scott, Petitioner-Appellant, v. The Estate of Ora B. Day, Deceased, Appellee). Leonard D. SCOTT, Plaintiff-Appellant, v. Rosemary CLEAVER and Marie Clark, Executors of the Estate of Ora B. Day, Deceased, Defendants-Appellees.

Appellate Court of Illinois, Third District.

May 27, 1994.

Attorney(s) appearing for the Case

Andrew D. Cassidy (argued), Kehr, Cassidy & Mieller, P.C., Chillicothe, for Leonard D. Scott.

Elizabeth A. Beck (argued), Barnes & Barnes, Lacon, for Rosemary Cleaver.

William S. Bach and Todd E. Bugg (argued), Costigan & Wellrab, P.C., Bloomington, for Marie Clark.

Justice LYTTON delivered the opinion of the court:

In this case, we are asked to decide whether a contract purchaser of real estate from a decedent's estate is a person having an interest in the real estate within section 20-5(b) of the Probate Act of 1975 (755 ILCS 5/20-5(b) (West 1992)). We hold that the purchaser does come within the statute and should be made a defendant in the proceeding for court approval of the sale.

Rosemary Cleaver and Marie Clark...

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