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SIMON v. WILSON

No. 1-96-2529.

684 N.E.2d 791 (1997)

291 Ill. App.3d 495

225 Ill.Dec. 800

Helen SIMON, Mark Simon and Rita Simon, Plaintiffs-Appellants, v. Samuel WILSON, Individually and as Trustee under the Samuel Wilson Trust established pursuant to agreement dated March 19, 1992; David Simon; Lawrence Wilson; Steven Wilson; Schuyler, Roche & Zwirner, a Professional Corporation; Richard B. Weinberg; and David A. Noyes & Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied September 24, 1997.

Attorney(s) appearing for the Case

Jack Joseph, Chicago, for Plaintiffs-Appellants.

Jay Weisman, Mitchell R. Narorsky, Ross Wissman, Weisman & Weisman, P.C., Chicago, for Defendant-Appellee Samuel Wilson.

Terrence E. Leonard, Terrence E. Leonard Chtd., Chicago, David M. Allen, Dolores Ayala, Schuyler, Roche & Zwirner, P.C., Chicago, for Defendants-Appellees Schuyler, Roche & Zwirner and Richard B. Weinberg.

David A. Genelly, John C. Corrigan, Fishman & Merrick, P.C., Chicago, for Defendant-Appellee David A. Noyes & Company.

Presiding Justice GREIMAN delivered the opinion of the court:

Plaintiffs, who are the daughter and grandchildren of the late Ruth Wilson (Ruth) and legatees under Ruth's will, alleged in their pleadings that Ruth's husband, Samuel Wilson (Sam), misappropriated Ruth's interest in joint tenancy property during her lifetime and misled her regarding the effect of her will. In so doing, plaintiffs allege that Sam violated, his fiduciary, statutory and common law duties...

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