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STEPHEN v. HUCKABA

No. 4-05-0073.

838 N.E.2d 347 (2005)

361 Ill. App.3d 1047

297 Ill.Dec. 860

Terry STEPHEN, Plaintiff-Appellee and Cross-Appellant, v. Virginia Rose HUCKABA, as Independent Administratrix of the Estate of Robert Powers, Jr., Deceased, Defendant-Appellant and Cross-Appellee, and Estate of Robert Powers, Jr., a/k/a Robert Junior Powers, Deceased.

Appellate Court of Illinois, Fourth District.

Rehearing Denied December 5, 2005.

Attorney(s) appearing for the Case

Frederick E. Roth (argued), Roth Law Firm, Naperville, for Virginia Rose Huckaba, Estate of Robert Powers, Jr.

Ralph D. Glenn, Thomas J. Logue (argued), Glenn & Logue, Mattoon for Terry Stephen.

Presiding Justice COOK delivered the opinion of the court:

This case involves an executor's contract to sell real estate. More than five years after the contract was signed, after the main residence on the premises had been destroyed by fire and after the executor had been removed from office, the buyer brought an action for specific performance. The trial court ordered specific performance, giving the buyer credit for the insurance proceeds with the result that the...

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