ESTATE OF GABBETT v. RAY

No. 4-04-0093.

817 N.E.2d 924 (2004)

352 Ill. App.3d 900

288 Ill.Dec. 274

In re the ESTATE OF Richard W. GABBETT, Deceased, Judith K. Landers, as Legatee, Petitioner-Appellant and Cross-Appellee, v. Robert L. RAY, as Legatee, Respondent-Appellee and Cross-Appellant (W. Thomas Ryder, as Coexecutor, Petitioner-Appellee).

Appellate Court of Illinois, Fourth District.

Decided September 2, 2004.


Attorney(s) appearing for the Case

Gregory W. Coffey (argued), Sandra J. Tatoian, Coffey Law Firm, P.C., Edwardsville, for Judith K. Landers.

James S. Sinclair, Stephen A. Stobbs (argued), Stobbs & Sinclair, Ltd., Alton, for Robert L. Ray.


Justice McCULLOUGH delivered the opinion of the court:

On November 17, 2002, Richard W. Gabbett, died testate, leaving behind approximately 220 acres of land located in Mississippi Township, Jersey County, Illinois. Gabbett's will named Robert L. Ray, his nephew, and W. Thomas Ryder as coexecutors of the estate. On August 6, 2003, Judith K. Landers, Gabbett's daughter, filed a petition asking the trial court to direct Ray and Ryder to distribute "Gabbett Land Trust...

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