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IN RE ESTATE OF McVIETTY

No. 3-99-0387.

727 N.E.2d 653 (2000)

312 Ill. App.3d 478

245 Ill.Dec. 206

In re ESTATE OF Evelyn G. McVIETTY, f/k/a Evelyn G. Zuidema, Deceased (Seminary Manor and Rosewood Care Center of Galesburg, Plaintiffs-Appellees, v. Estate of Evelyn G. McVietty, Deceased, Defendant-Appellant).

Appellate Court of Illinois, Third District.

March 31, 2000.

Attorney(s) appearing for the Case

Dwight L. Shoemaker (argued), Conway & Shoemaker, Aledo, for Estate of Evelyn G. McVietty.

Daniel L. Maher (argued), Springfield, for Rosewood Care Center of Galesburg, Seminary Manor.

Justice BRESLIN delivered the opinion of the court:

Defendant, the executor of the estate of Evelyn McVietty (estate), appeal from the trial court's decision in favor of plaintiffs Seminary Manor and Rosewood Care Center of Galesburg (plaintiffs). The trial court found that the probate claims filed by the plaintiffs were entitled to super priority and should be paid in full. In accord with the following discussion, we reverse and hold that, when an estate is insolvent...

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