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LANDHEER v. LANDHEER

No. 3-07-0629.

891 N.E.2d 975 (2008)

Arlyn LANDHEER and Mark Landheer, Plaintiffs and Counterdefendants-Appellees, v. Warren LANDHEER, individually and as Successor Trustee of the Landheer Family Trust, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois, Third District.

June 25, 2008.

Attorney(s) appearing for the Case

James W. Mertes, Magen J. Mertes, Pignatelli & Mertes, P.C., Rock Falls, IL, for Appellant.

William R. Shirk, Law Office of William R. Shirk, P.C., Morrison, IL, for Appellee.

Justice CARTER delivered the opinion of the court:

Plaintiffs, Arlyn and Mark Landheer, brought suit to have the trial court enter a declaratory judgment that a certain document (the disputed document) signed by their father shortly before his death is not an effective amendment to the Landheer Family Trust (the trust). Defendant, Warren Landheer, individually and as successor trustee of the trust, filed a counterclaim for a declaratory judgment to the contrary. Plaintiffs...

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