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HANDELSMAN v. HANDELSMAN

No. 2-05-0790.

852 N.E.2d 862 (2006)

Susan HANDELSMAN, Indiv. and as Executor of the Estate of Richard A. Handelsman; and as Trustee of the Trust Agreement establishing the Richard A. Handelsman Revocable Trust, Richard A. Handelsman, Grantor, Plaintiff-Appellee, v. Gary HANDELSMAN and Robin Gould, Defendants-Appellants.

Appellate Court of Illinois, Second District.

July 7, 2006.

Attorney(s) appearing for the Case

Edward O. Pacer, Louis S. Harrison, Emily J. Kuo, Chicago, for Robin Gould and Gary Handelsman.

Richard A. Del Giudice, Earl E. Farkas, Gozdecki & Del Giudice, for Susan Handelsman Individually.

Jay K. Filler Jr., Law Offices of Thomas W. Schmitt & Jay K. Filler, Marengo, for Susan Harrison Handelsman Trustee & Grantor.

Justice BOWMAN delivered the opinion of the court:

Defendants, Gary Handelsman and Robin Gould, the adult children of decedent, Richard A. Handelsman, appeal a grant of summary judgment (735 ILCS 5/2-1005(c) (West 2004)) to plaintiff, Susan Handelsman, Richard's widow. The parties are beneficiaries of the Richard A. Handelsman Revocable Trust (Trust). Using extrinsic evidence of Richard's intent, the trial court held that the document creating the Trust (Trust Agreement...

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