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VITACCO v. ECKBERG

No. 1-91-2561.

648 N.E.2d 1010 (1995)

271 Ill. App.3d 408

208 Ill.Dec. 88

Deborah VITACCO, As Independent Administrator of the Estate of Joseph Knaffle, Plaintiff-Appellant, v. Dorothy ECKBERG, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

March 29, 1995.

Attorney(s) appearing for the Case

David M. Smolin, Smolin Blum & Brandwein, Chicago, for appellant.

Martin D. Coghlan, Carolyn Ann Smaron, Homewood, for appellee.

Justice RIZZI delivered the opinion of the court:

Decedent, Joseph Knaffle, brought this action seeking the return of $83,000 defendant, Dorothy Eckberg, withdrew from a savings account which listed decedent and defendant as joint tenants. The complaint alleged that when decedent created the account, he did not intend to make a gift to defendant, and therefore the money in the account was not defendant's to withdraw. After...

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