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MIKRUT v. FIRST BANK OF OAK PARK

No. 1-03-3394.

832 N.E.2d 376 (2005)

359 Ill. App.3d 37

295 Ill.Dec. 225

Michaline MIKRUT and Theresa M. Mudjer, as Co-Executors of the Estate of Theodore Kasprzycki, Deceased, Plaintiffs-Appellants, v. FIRST BANK OF OAK PARK, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

June 30, 2005.

Attorney(s) appearing for the Case

David E. Neumeister, Thomas C. Kaufman and Karen M. Vivian of Querry & Harrow, Ltd., for Plaintiffs.

Matthew S. Klepper and Hugh S. Balsam of Lord, Bissell & Brook LLP, for Defendant.

Justice McBRIDE delivered the opinion of the court:

Plaintiffs-appellants, Michaline Mikrut and Theresa Mudjer, in their capacity as co-executors of the estate of their deceased brother, Theodore Kasprzycki, sued the defendant-appellee, First Bank of Oak Park (First Bank). The action sought to recover estate funds that were converted by plaintiffs' attorney, Anthony Capetta. Capetta, in his capacity as plaintiffs' fiduciary, received three checks which represented...

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