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HOPPER v. BEAVERS

No. 5-04-0341.

841 N.E.2d 1019 (2005)

362 Ill. App.3d 913

299 Ill.Dec. 287

Ruth HOPPER, Petitioner-Appellee, v. James O. BEAVERS, as Executor of the Estate of Frederick Conger Hopper, Deceased, and as Trustee of the Trusts Created Under Articles VI and VII of the Will of Frederick Conger Hopper, Jane G. Hopper, Austin W. Hopper, David W. Hopper, the Unborn Descendants of Austin W. Hopper and David W. Hopper, Bertrand Hopper Memorial Foundation, and Judith Basta, Respondents-Appellees, and Dominic John Basta, Jr., Christopher David Basta, Lisa Franchesca Basta, and Matthew Joseph Basta, Respondents-Appellants.

Appellate Court of Illinois, Fifth District.

November 9, 2005.

Attorney(s) appearing for the Case

James C. Schroeder, Howard M. McCue III, Mayer, Brown, Rowe & Maw, LLP, Chicago, for Appellants.

Alan S. Rutkoff, P.C., Ryan M. Harding, McDermott, Will & Emery, LLP, Chicago (Attorneys for Austin W. Hopper and David W. Hopper), for Appellees.

Justice HOPKINS delivered the opinion of the court:

This case involves the construction of the "Last Will and Testament" (Will) of Frederick C. Hopper (testator). The petitioner, Ruth Hopper, the testator's widow and third wife (widow), brought this petition to determine the source of her one-third statutory share following the renunciation of the Will pursuant to section 2-8 of the Probate Act of 1975(Act) (755 ILCS 5/2-8 (West 2004)). The circuit court held that...

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