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MATTER OF ESTATE OF ETHERTON

No. 4-95-0723.

671 N.E.2d 364 (1996)

284 Ill. App.3d 64

219 Ill.Dec. 450

In the Matter of the ESTATE OF Donald W. ETHERTON, Deceased. (Van A. Bitner, Petitioner-Appellant, v. Terry D. Etherton and Shari L. Malson, Executors of the Estate of Donald W. Etherton, Deceased, Respondents-Appellees).

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 6, 1996.

Attorney(s) appearing for the Case

Alan D. Tucker, Grant T. Swinger, Law Offices of Alan D. Tucker, P.C., Havana, for Van A. Bitner.

Charles L. McNeil, McNeil & McNeil, Mason City, for Terry D. Etherton, Shari L. Malson.

Presiding Justice COOK delivered the opinion of the court:

Petitioner Van A. Bitner filed a claim against the estate of Donald W. Etherton (the decedent) for farm services rendered by petitioner. After petitioner presented evidence that he harvested and hauled crops for decedent, respondents Terry D. Etherton and Shari L. Malson, the executors of the estate, moved to dismiss the claim. Respondents argued that petitioner failed to establish either that petitioner and...

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