IN RE ESTATE OF MUPPAVARAPU

No. 3-04-0969.

836 N.E.2d 74 (2005)

359 Ill. App.3d 925

296 Ill.Dec. 659

In the Matter of the ESTATE OF Prasad L. MUPPAVARAPU, Deceased (Padmaja Raecharla, individually and as co-trustee under the Muppavarapu Family Trust, Plaintiff-Appellant, v. Srinivas Rao Kudaravalli, in his capacities as Executor of the Estate of Prasad L. Muppavarapu, and as Co-Trustee of the Muppavarapu Family Trust, and Chittaranjan Mallipeddi, in his capacity as Co-Trustee of the Muppavarapu Family Trust, Defendants-Appellees.)

Appellate Court of Illinois, Third District.

August 31, 2005.


Attorney(s) appearing for the Case

Philip E. Koenig (argued), Rock Island, for Padmaja Raecharla.

Daniel Churchill (argued), Churchill & Churchill, Moline, for Srinivas Rao Kudaravalli.

Robert T. Park (argued), Snyder, Park & Nelson, P.C., Rock Island, for Chittaranjan Mallipeddi.

James Nepple, Muscatine, IA, for Estate of Prasad Muppavarapu.


Justice BARRY delivered the opinion of the court:

This appeal arises from an order of the circuit court of Rock Island County granting summary judgment in favor of defendants on two counts of plaintiff's complaint. Plaintiff appeals. We reverse and remand.

I. FACTS

Prasad L. Muppavarapu (Decedent), died on April 19, 1999. Decedent's will created a testamentary trust naming his wife, Padmaja Raecharla, plaintiff herein, as a co-trustee, Srinivas Rao...

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