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DAUGHERTY v. BURNS

No. 4-01-0795.

772 N.E.2d 237 (2002)

331 Ill. App.3d 562

265 Ill.Dec. 199

Joseph O. DAUGHERTY, Sr., Plaintiff-Appellant, v. Mary D. BURNS, Individually, as Executrix of the Estate of Joseph S. Daugherty, Deceased, and as Trustee Under a Declaration of Trust Dated July 5, 1996, and Known as the Mary D. Burns 1996 Trust; James R. Daugherty; Helen J. Short, as Trustee Under a Declaration of Trust Dated October 10, 1995, and Known as the Helen J. Short Trust, and as Amended by First Amendment Dated January 10, 2000; and William J. Hanfland, as Alternate and Successor Trustee Under a Declaration of Trust Dated October 10, 1995, and Known as the William V. Short Trust, and as Amended by First Amendment Dated January 10, 2000, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing Denied July 17, 2002.

Attorney(s) appearing for the Case

James L. Ayers (argued), Shonkwiler, Ayers & Rhoades, Monticello, for Joseph O. Daugherty, Sr.

R. Kurt Wilke (argued), Matthew J. Cate, Barber, Segatto, Hoffee & Hines, Springfield, for Mary D. Burns, Executor.

Justice KNECHT delivered the opinion of the court:

Plaintiff, Joseph O. Daugherty, Sr., is the tenant farmer under oral crop-share leases on three tracts of land in Piatt and Douglas Counties. He is also a joint owner of all three tracts, owning less than a majority interest in each. Defendants Mary Burns and James Daugherty, plaintiff's sister and brother, are joint owners with plaintiff of all three tracts. Their mother's sister, defendant Helen Short, is a joint...

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