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IN RE ESTATE OF SIMMONS

No. 5-04-0692.

841 N.E.2d 1034 (2005)

362 Ill. App.3d 944

299 Ill.Dec. 302

In re ESTATE OF Arthur Allen SIMMONS, Deceased (John Alleman, Petitioner-Appellant, v. Lee Fennell, as Executor of the Estate of Arthur Allen Simmons, and Curtis Rex Myers, Respondents-Appellees).

Appellate Court of Illinois, Fifth District.

December 14, 2005.

Attorney(s) appearing for the Case

John D. Alleman, Alleman & Hicks, Carbondale, for Appellant.

David L. Bartelsmeyer, Craig and Bartelsmeyer, P.C., Herrin, for Appellees.

Justice DONOVAN delivered the opinion of the court:

Arthur Simmons passed away on August 1, 2003, and a petition to probate his will was filed in the circuit court of Williamson County on November 18, 2003. John Alleman, an attorney whom Simmons had hired to prosecute a medical malpractice case, filed a claim in the probate case, seeking compensation for the legal services he had provided prior to Simmons's death. After a claims hearing, the circuit court denied Alleman...

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