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IN RE ESTATE OF KOCH

No. 4-97-0990.

697 N.E.2d 931 (1998)

297 Ill. App.3d 786

232 Ill.Dec. 189

In re The ESTATE OF Sara E. KOCH, Deceased Verne M. Koch, Petitioner-Appellant, v. Cynthia K. Hadsell and Jon Koch, Co-Executors, Respondents-Appellees).

Appellate Court of Illinois, Third District.

July 13, 1998.

Attorney(s) appearing for the Case

Angela P. Madison, Corrigan & Duran, P.C., Peoria, for Verne M. Koch.

Michael A. Hall, Kathleen E. Weeks, Johnson, Bunce & Noble, P.C., Peoria, for Cynthia K. Hadsell, Co-Executor.

Justice BRESLIN delivered the opinion of the court:

When Sara Koch (Sally) died, she held title to some property in Florida. Her husband, Verne, filed a claim with the estate, asserting that the property was subject to a resulting trust in his favor. Sally's children, Cynthia and Jon, acting as co-executors of Sally's estate, refused to accept Verne's claim. The trial court determined that no resulting trust existed. We find that Verne overcame the presumption that...

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