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IN RE ESTATE OF MARTINEK

No. 84-1023.

140 Ill. App.3d 621 (1986)

488 N.E.2d 1332

In re ESTATE OF GEORGE M. MARTINEK, Deceased (Bonnie Lee Behner et al., Exr's of the Will of George M. Martinek, Petitioner-Appellee, v. Shirley J. Martinek, Respondent-Appellant).

Appellate Court of Illinois — Second District.

Opinion filed January 27, 1986.

Attorney(s) appearing for the Case

Douglas Drenk, David Drenk, and James P. Mullally, all of Guerard & Drenk, Ltd., of Wheaton, for appellant.

Thomas K. Prindable, of Batavia, for appellees.

Reversed and remanded.

JUSTICE LINDBERG delivered the opinion of the court:

Respondent, Shirley Martinek, appeals from an order of the circuit court of Kane County that determined that respondent and the estate of her deceased husband, George Martinek, each held a 50% interest in certain real estate as tenants in common.

Respondent's sole argument in this court is that she and her deceased husband held the property in question not as tenants in common...

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