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BARRY v. CARR

No. 1-94-3752.

660 N.E.2d 29 (1995)

277 Ill.App.3d 232

213 Ill.Dec. 772

Norman J. BARRY, executor of the Estate of Henry Rafacz, deceased and executor of the Estate of Edward Rafacz, deceased, Plaintiff-Appellant, v. Evelyn Rafacz CARR and Melanie Dendor, executor of the Estate of Walter Rafacz, deceased, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied January 26, 1996.

Attorney(s) appearing for the Case

Roderick J. Bergin, Bergin & Romberg, Northbrook, for Appellants.

Carr, & O'Rourke Associates, Chicago, (Donald A. Carr, Ronald P. Ernst of counsel), for Appellees.

Justice CERDA, delivered the opinion of the court.

Plaintiff, Norman J. Barry, executor of the estate of Henry Rafacz, deceased, and executor of the estate of Edward Rafacz, deceased, appeals from the entry of summary judgment in favor of defendants, Melanie Dendor, executor of the estate of Walter Rafacz, deceased, and Evelyn Rafacz Carr. Plaintiff argues that (1) the trial court erred when it ruled that a judicial sale of property could not be ordered; (2) the trial...

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