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PRATT v. BAKER

Gen. No. 65-1.

65 Ill. App.2d 389 (1965)

212 N.E.2d 503

George Pratt as Conservator of the Estate of Gilbert Baker, an Incompetent, Appellant v. Roger Baker, Individually and as Executor of the Estate of Walter Baker, Deceased, Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied January 4, 1966.

Attorney(s) appearing for the Case

Donald J. Hennessy, of Naperville, for appellant.

McDermott & Emery, of Chicago (Hamilton Smith and Frank J. Uvena, of counsel), for appellee.

MR. JUSTICE PETERSEN delivered the opinion of the court.

This is an appeal from an order of the Circuit Court of DuPage County dismissing plaintiff's complaint in a proceeding against the $10,000 bond of the Executor of the Estate of Walter Baker, deceased. The principal question for our decision is whether or not the amended complaint states a cause of action. A better understanding of the question involved in this appeal will come about if we review the context...

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