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GILBERT BROS., INC. v. GILBERT

No. 4-93-0511.

630 N.E.2d 189 (1994)

258 Ill. App.3d 395

196 Ill.Dec. 492

GILBERT BROS., INC., an Illinois Corporation, Plaintiff-Appellant, v. Mary Helen GILBERT and Stephen Gilbert, Trustee of the Mary Helen Gilbert Trust, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided March 3, 1994.

Rehearing Denied April 5, 1994.

Attorney(s) appearing for the Case

Lawrence E. Johnson (argued), Catherine H. Barbercheck (argued), Champaign, for Gilbert Bros.

L. Keith Hays (argued), Monticello, for Mary Helen Gilbert.

Brian L. McPheters (argued), Hatch, Blockman, McPheters & Like, Champaign, for Stephen Gilbert.

Presiding Justice McCULLOUGH delivered the opinion of the court:

Gilbert Brothers, Inc. (Company), filed an action against Mary Helen Gilbert and her son, Stephen Gilbert, as trustee of the Mary Helen Gilbert trust, for fraudulent transfer of funds. Counts I and II of the complaint alleged the violation of the Uniform Fraudulent Transfer Act (Act) (Ill.Rev.Stat.1991, ch. 59, par. 101 et seq.) and counts III and IV of the complaint alleged a violation of common...

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