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WESTERDALE v. GROSSMAN

No. 3-99-0619.

728 N.E.2d 67 (2000)

312 Ill. App.3d 884

245 Ill.Dec. 336

Wallace WESTERDALE, Plaintiff-Appellant, v. Ruth Carolyn GROSSMAN, Sarah Grace Tolliver, John Zimmerman, Legal Representative of Estate of Loretta Westerdale, unknown owners and unknown parties, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied May 18, 2000.

Attorney(s) appearing for the Case

John R. Rehn (argued), Barash & Stoerzbach, Galesburg, for Wallace Westerdale.

John D. McMillan (argued), March & McMillan, Macomb, for Legal Representative of Estate of Loretta Westerdale, Sarah Grace Tolliver, John Zimmerman.

Lawrence Kwacala (argued), Flack McRaven & Stephens, Macomb, for Ruth Carolyn Grossman.

Justice BRESLIN delivered the opinion of the court:

Plaintiff Wallace Westerdale sought to partition his life estate from those interests held by his sisters, defendants Sarah Grace Tolliver and Ruth Carolyn Grossman (collectively, the sisters). The trial court agreed with Ruth's contention that the contingent nature of the remainder interest in Wallace's life estate prevented the partitioning of the land and granted her motion to dismiss. We reverse and hold that...

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