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NOLL v. GARBER

No. 3-02-0096.

784 N.E.2d 388 (2003)

336 Ill. App.3d 925

271 Ill.Dec. 170

Stanley V. NOLL, Plaintiff-Appellant, v. Barbara J. GARBER, as Ex'r of the Estate of Rosa E. McCoy, Deceased, and as Independent Ex'r of the Estate of Arthur L. Garber, Deceased; Michael Weis, James Weis, David Weis, Bernice Murphy, Laurel Cuny, Libby Cuny, Glen Noll, Emerson Noll, Dolores Klein, Verland Noll, Shirley Stewart, Mary Noll, Vicki Cook, Randall Noll, Luther Dean Snyder, Gary Snyder, Rhonda Snyder, Esther Miller, Theresa Vaughn, Sandra Brace, Joseph Noll, Estate of George Noll, Deceased, Betty Burbridge, Joann Hernandez, Janice Martin, Clara Trotter, Pearl Pierce, and Unknown Heirs of Rosa E. McCoy, Deceased, Defendants-Appellees.

Appellate Court of Illinois, Third District.

January 29, 2003.

Attorney(s) appearing for the Case

Steven B. Morgan (argued), Perbix and Morgan, Havana, for Stanley V. Noll.

Joseph B. VanFleet (argued), Law Office of Joseph B. VanFleet, L.L.C., Peoria, for Barbara J. Garber.

Stephen A. Kouri, Vonachen, Lawless, Trager & Slevin, Peoria, for other interested parties.

Presiding Justice McDADE delivered the opinion of the court:

This appeal arises from an order entered by the circuit court of Peoria County dismissing a complaint for construction of a will and thereby finding in favor of Barbara J. Garber and other defendants. Plaintiff, Stanley V. Noll, now appeals. On appeal, plaintiff maintains the court erred in failing to recognize that the word "heirs" is a word of limitation denoting the quality of the estate granted rather...

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