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FIRST OF AMERICA TRUST CO. v. FIRST ILLINI BAN., INC.

No. 3-96-0324, 3-96-0329, 3-96-0330 and 3-96-0565.

685 N.E.2d 351 (1997)

289 Ill. App.3d 276

226 Ill.Dec. 248

FIRST OF AMERICA TRUST COMPANY, as Trustee of the John Golofsky Trust, Plaintiff-Appellee, v. FIRST ILLINI BANCORP, INC., an Illinois corporation, successor by merger to First Galesburg National Bank & Trust Company, Defendant-Appellee (Marjorie Rudman Cooper, Daniel Rudman and Rose Rudman, Co-Executors of the Estate of Mitchell Rudman, Deceased, Defendants-Appellants.)

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing July 17, 1997.

Attorney(s) appearing for the Case

Stuart R. Lefstein (argued), and Lori R. Lefstein, Katz, McAndrews, Balch, Lefstein & Fieweger, P.C., Rock Island, for Marjorie Rudman Cooper, Daniel Rudman, and Rose Rudman, Defendants-Appellants.

David B. Mueller (argued), and Christopher F. Cassidy, Cassidy & Mueller, Peoria, for First of America Trust Company, Plaintiff-Appellee.

David Wells, J. Powell Carman (argued), and Jeffrey R. Fink, Thompson Coburn, St. Louis, MO, for First Illini Bancorp, Inc.

MODIFIED UPON DENIAL OF REHEARING

Justice BRESLIN delivered the opinion of the court:

Plaintiff First of America Trust Company (Trustee), as trustee of the John Golofsky trust, brought this action against defendants First Illini Bancorp, Inc. and the estate of Mitchell Rudman. Each party filed an appeal and the appeals were consolidated by this court. We affirm in part, reverse in part and remand.

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