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DIXON v. WEITEKAMP-DILLER

Docket No. 4-12-0209.

979 N.E.2d 98 (2012)

2012 IL App (4th) 120209

365 Ill. Dec. 732

Sherwood DIXON, Anne Dixon Best, Drake Dixon, Ridgeway Ryan, Rosalie Ryan, and Walker Ryan, Plaintiffs-Appellees, v. Barbara WEITEKAMP-DILLER, Individually and as Trustee of the William Hughes Diller, Jr., Revocable Trust Dated July 28, 2010; Judith Ann Neal; Brenda Bruce; Susan Weitekamp, and Margaret Weitekamp, Defendants-Appellants, and United Community Bank, as Successor Trustee of the Trust Created Under Item Second of the Will of William Hughes Diller, Sr.; JPMorgan Chase Bank, N.A., Formerly Springfield Marine Bank, as Trustee of the 1927 Ida Payne Trust and as Trustee of the 1949 William Hughes Diller, Sr., Trust; and Heartland AG Group of Springfield, Inc.; and Diller Ryan, Defendants.

Appellate Court of Illinois, Fourth District.

November 5, 2012.

Attorney(s) appearing for the Case

Barry O. Hines (argued), Attorney at Law, and Roger L. Rutherford , of Rutherford Law Office, both of Springfield, and Stanley W. Plappert , of Florida Legal Advocacy Group, P.A., of Ocala, Florida, for appellants.

R. Kurt Wilke (argued), and Matthew J. Cate , both of Barber, Segatto, Hoffee, Wilke & Cate, Springfield, for appellees.

OPINION

Justice STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 This case involves three trusts, each of which includes a life estate in the proceeds from farmland for William Hughes Diller, Jr. (Hughes), with the res of each trust to be distributed, at least in part, to Hughes' children at his death. The trusts further provide, however, that if Hughes were to die without any children, the res of each trust would be distributed...

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