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ROBINSON v. FIRST STATE BK. OF MONTICELLO

No. 17267.

104 Ill. App.3d 758 (1982)

433 N.E.2d 285

ROBERT C. ROBINSON et al., Plaintiffs-Appellants, v. FIRST STATE BANK OF MONTICELLO et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied April 13, 1982.

Attorney(s) appearing for the Case

Harlan Heller, of Harlan Heller, Ltd., of Mattoon, for appellants.

Kenneth Kinser, Monroe, Wilson, Dyar, Houchens & McDonald, and Michael I. Campbell, of Hull, Campbell, Robinson & Gibson, all of Decatur, for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE TRAPP delivered the opinion of the court:

Plaintiffs appeal from the order of the trial court which dismissed their complaint for money damages upon the motions by the respective defendants made pursuant to section 48 of the Civil Practice Act. Ill. Rev. Stat. 1979, ch. 110, par. 48.

Plaintiffs are the heirs at law of Cordelia Davis, whose will and codicil were admitted to probate on October...

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