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PHILLIPS v. McCULLOUGH

No. 2-95-0937.

663 N.E.2d 47 (1996)

278 Ill. App.3d 442

215 Ill.Dec. 297

Wayland PHILLIPS, Plaintiff and Counterdefendant-Appellant and Cross-Appellee, v. Andrew McCULLOUGH, as Ex'r of the Estate of Mary McCullough, Deceased, Defendant and Counterplaintiff-Appellee and Cross-Appellant (Jenny Phillips et al., Counterdefendants).

Appellate Court of Illinois, Second District.

March 15, 1996.

Attorney(s) appearing for the Case

Carl F. Safanda, Safanda Law Firm, St. Charles, for Wayland Phillips.

Harry Schaffner, Schaffner & Van Der Snick, P.C., Geneva, Van R. Richards, Jr., Schnell, Richards, Brown & Freeman, P.C., Elgin, Sandra G. Nye, Sandra G. Nye & Assoc., Chicago, for Andrew McCullough.

Justice GEIGER delivered the opinion of the court:

Both the plaintiff-counterdefendant, Wayland Phillips, and the defendant-counterplaintiff, Andrew McCullough, as executor of the estate of his mother, Mary McCullough, f/k/a Mary Josephine Phillips (the decedent), appeal from the trial court's entry of judgment in favor of the defendant on the plaintiff's complaint for specific performance and on the defendant's counterclaim for declaratory judgment. At issue on appeal...

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