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TRUSTEES OF WHEATON COLLEGE v. PETERS

No. 2-96-0746.

677 N.E.2d 25 (1997)

286 Ill. App.3d 882

222 Ill.Dec. 212

TRUSTEES OF WHEATON COLLEGE, as Trustee, Plaintiff-Appellee, v. Mary Beaumont PETERS, Indiv. and By and Through her Guardian, Philip B. Peters; and Philip B. Peters, as Guardian for Mary Beaumont Peters, et al., Defendants and Counterplaintiffs-Appellees (Mary Beverley Peters Hunton, Defendant and Counterdefendant-Appellant).

Appellate Court of Illinois, Second District.

March 5, 1997.

Attorney(s) appearing for the Case

John D. Gutzke, Robert M. Criswell, Rolewick & Gutzke, P.C., Wheaton, for Mary Beverly Peters Hunton.

Kevin J. Todd, Bruce J. Van Heukelem, Hoogendoorn, Talbot, Davids, Godfrey & Milligan, Chicago, for Mary Beaumont Peters, and Philip B. Peters.

Timothy C. Klenk, Christian M. Poland, Ross & Hardies, Chicago, for Trustees of Wheaton College.

Justice McLAREN delivered the opinion of the court:

On February 17, 1987, Laura Bertha Catherine Peters Warner executed a revocable trust. The trust identifies five beneficiaries: defendant and counterplaintiff, Philip B. Peters, Gayle Peters Emerson, Vincent P. Peters, Stuart Davis Peters, and "Mary Beverly Peters." In particular, the trust identifies "Mary Beverly Peters, Rt. 4, Box 160, Spotsylvania, Va. 22553." The instrument creating the trust names the plaintiff...

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