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HOUGHTAYLEN v. RUSSELL D. HOUGHTAYLEN

No. 2-17-0195.

95 N.E.3d 1253 (2017)

2017 IL App 2d 170195

Gary HOUGHTAYLEN, Kevin Houghtaylen, and David Houghtaylen, Plaintiffs and Counterdefendants-Appellees, v. The RUSSELL D. HOUGHTAYLEN BY-PASS TRUST; Kevin C. McGirr, Individually and as First Successor Trustee of the Russell D. Houghtaylen By-Pass Trust; Chicago Land Trust Title Co., as Trustee of Trust #1340586, successor to DeKalb Trust and Savings Bank; St. Jude's Children's Hospital; St. John the Baptist Catholic Church; St. John the Baptist Cemetery; Vincent K. McGirr; Constance M. Bowman, Individually and as Executor of the Estate of Shirley J. Houghtaylen; Jerome F. LaBolle; Craig L. McGirr; and The Estate of Shirley J. Houghtaylen, Defendants (The Russell D. Houghtaylen By-Pass Trust; Kevin C. McGirr, Individually and as First Successor Trustee of the Russell D. Houghtaylen By-Pass Trust; Vincent K. McGirr; Constance M. Bowman, Individually and as Executor of the Estate of Shirley J. Houghtaylen; Jerome F. LaBolle; and Craig L. McGirr, Defendants and Counterplaintiffs-Appellants; Chicago Land Trust Title Co., as Trustee of Trust #1340586, successor to DeKalb Trust and Savings Bank; St. Jude's Children's Hospital; St. John The Baptist Catholic Church; and St. John The Baptist Cemetery, Defendants and Counterdefendants).

Appellate Court of Illinois, Second District.

Opinion filed December 18, 2017.

Attorney(s) appearing for the Case

Craig D. Hasenbalg and William R. Thomas , of Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd., of Elburn, for appellants.

Burns, Cronauer & Brown, LLP, of Sycamore ( C. Nicholas Cronauer , of counsel), for appellees.

OPINION

¶ 1 This case presents an issue concerning appellate jurisdiction. Plaintiffs — Gary, Kevin, and David Houghtaylen — are brothers. Together, they own a one-half interest in the Houghtaylen Farm, a roughly 150-acre working farm in the city of...

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