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JEWISH HOSP. v. BOARTMEN'S NAT. BANK

No. 5-92-0364.

633 N.E.2d 1267 (1994)

261 Ill. App.3d 750

199 Ill.Dec. 276

JEWISH HOSPITAL OF ST. LOUIS, MISSOURI, and Jewish Center for the Aged, not-for-profit corporations, Plaintiffs-Appellants and Cross-Appellees, v. BOATMEN'S NATIONAL BANK OF BELLEVILLE, a national banking association, as CoExecutor of the estate of Abe I. Small, Deceased, and as CoTrustee of the Testamentary Trust under the Will of Abe I. Small, Deceased, Defendant-Appellee and Cross-Appellant and (Donald Rice, individually, Rice Sullivan & Company, Ltd., a corporation, and Robert L. Jennings, Defendants-Appellees).

Appellate Court of Illinois, Fifth District.

Rehearing Denied June 3, 1994.

Attorney(s) appearing for the Case

Ray H. Freeark, Jr., James R. Mendillo, Freeark, Harvey, Mendillo, Dennis, Wuller & Buser, Belleville, for appellants.

Philip G. Feder, Belleville, Curtis L. Blood, Collinsville, for Donald Rice and Rice Sullivan & Co., Ltd.

Joseph E. Martineau, Lewis, Rice & Fingersh, St. Louis, MO, for Boatmen's Nat. Bank of Belleville.

Hinshaw & Culbertson, Chicago (Nancy G. Lischer and Mark D. Bauman, of counsel), for Robert L. Jennings.

Presiding Justice WILLIAM A. LEWIS delivered the opinion of the court:

Plaintiffs appeal from the entry of summary judgment against plaintiffs and in favor of all defendants on all counts of plaintiffs' fourth amended complaint. The primary issues raised in this case are (1) whether an attorney who drafts a will owes a duty in contract or in tort to the remainder beneficiaries of testamentary trusts; (2) whether an attorney for an estate owes a duty in contract or...

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