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CICKYJ v. SKELTINSKA

No. 79-2212.

93 Ill. App.3d 556 (1981)

417 N.E.2d 699

MYKOLA CICKYJ, a/k/a Nikolay Iwanowych Cickyj, et al., Plaintiffs-Appellants, v. ANNA SKELTINSKA, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 13, 1981.

Attorney(s) appearing for the Case

Michael B. Susman, of Chicago (Spitzer, Addis, Susman & Roskin, of counsel), for appellants.

J. Stirling Mortimer, Ltd., of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

This is an appeal from orders of the trial court which (1) granted defendant's motion to strike and dismiss plaintiffs' amended complaint for constructive trust, and (2) denied plaintiffs' motion for rehearing. We affirm.

The issues presented for review are: (1) whether the words "It is my wish and desire" in decedent's will are mandatory or precatory; (2) whether the amended...

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