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IN RE ESTATE OF FUNK

No. 4-03-1047.

822 N.E.2d 20 (2004)

355 Ill. App.3d 466

290 Ill.Dec. 738

In the Matter of the ESTATE OF Floyd W. FUNK, Deceased (The United States of America, Secured Creditor, Plaintiff-Appellant, v. Patsy Printy, Executrix and David Cherry, Defendants-Appellees).

Appellate Court of Illinois, Fourth District.

Decided December 23, 2004.

As Modified Upon Denial of Rehearing February 4, 2005.

Attorney(s) appearing for the Case

Jan Paul Miller, United States Attorney, David H. Hoff, Assistant United States Attorney (argued), Urbana, for United States of America.

David R. Cherry (argued), Winchester, for David Cherry.

Patsy Printy, Executor, Whitehall, Pro Se.

MODIFIED ON DENIAL OF REHEARING

Justice APPLETON delivered the opinion of the court:

The United States of America appeals the entry of an order by the trial court, which was entered by the mandate of this court on a prior appeal. We affirm the trial court's interpretation of that mandate.

I. BACKGROUND

When Floyd Funk died in January 1983, he left a valid will naming his surviving spouse, defendant Patsy Printy, as the executrix of his...

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