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IN RE ESTATE OF WHITAKER

No. 3-88-0548.

182 Ill. App.3d 420 (1989)

538 N.E.2d 174

In re ESTATE OF SIDNEY H. WHITAKER, Deceased (La Salle National Bank, Ex'r of the Estate of Sidney H. Whitaker, Deceased, Respondent-Appellant, v. Sidney H. Whitaker, Petitioner-Appellee (William H. Barber et al., Respondents)).

Appellate Court of Illinois — Third District.

Opinion filed April 27, 1989.

Attorney(s) appearing for the Case

Robert M. Hansen, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, of La Salle (John S. Duncan, of counsel), for appellant.

Boyle, Goldsmith, Shore & Bolin, of Hennepin (Walter Durley Boyle and Lawrence Patterson, of counsel), for appellee.

Affirmed as modified.

JUSTICE HEIPLE delivered the opinion of the court:

The La Salle National Bank (Bank) appeals from a trial court order granting summary judgment in favor of Sidney Whitaker (Whitaker), whom the Bank owes $56,834.07 as a result of its improper management of the estate of Whitaker's uncle (also named Sidney H. Whitaker). The Bank contends the court should have entered judgment against it only in its capacity as executor of the estate (not...

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