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IN RE ESTATE OF BOZARTH

No. 4-13-0309.

5 N.E.3d 259 (2014)

2014 IL App (4th) 130309

378 Ill. Dec. 879

In re the ESTATE of Frances BOZARTH, Deceased, Denise Bozarth and Loren Bozarth, Cotrustees for the Harold D. Bozarth Residual Trust; and Loren Bozarth, Individually, Petitioners-Appellants, v. Janet Quain and Marcia Shank, Coexecutors of the Estate of Frances Bozarth, Deceased, Respondents-Appellees.

Appellate Court of Illinois, Fourth District.

January 30, 2014.

Attorney(s) appearing for the Case

Russell E. DePew (argued), DePew & Dehn, Bloomington, for appellants.

Allen L. DeVary (argued), Hartweg, Turner, Wood & DeVary, P.C., Bloomington, for appellees.

OPINION

Justice STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 This appeal involves a claim for $100,800.79 brought by the children of Robert Bozarth (petitioners) against the estate of Robert's stepmother, Frances Bozarth. When Robert's father, Harold Bozarth, died in 1983, he bequeathed all of his personal property to Frances "to use and enjoy" during her lifetime, with the remainder to Robert's children. As executrix of Harold's...

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