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04/21/89 In Re Estate of Alice M. Shaw

April 21, 1989

IN RE ESTATE OF ALICE M. SHAW, DECEASED (RALPH W. CUMMINGS


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

et al., Petitioners-Appellants, v.

Harris Trust and Savings Bank, as Adm'r of the Estate of

Alice M. Shaw, Deceased, et al.,

Respondents-Appellees)

538 N.E.2d 643, 182 Ill. App. 3d 847, 131 Ill. Dec. 268 1989.IL.580

Appeal from the Circuit Court of Cook County; the Hon. Henry A. Budzinski, Judge, presiding.

APPELLATE Judges:

JUSTICE LORENZ delivered the opinion of the court. MURRAY, P.J., and COCCIA, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

Petitioners filed this action for construction of a will and appeal from the trial court's entry of judgment on the pleadings in respondents' favor. (Ill. Rev. Stat. 1985, ch. 110, par. 2-615(e).) On appeal, we address the issue of whether the language of the will was unambiguous, justifying entry of judgment on the pleadings. We reverse and remand with directions.

Testator, Alice M. Shaw, died on April 21, 1986, leaving a will which in relevant part stated as follows:

"LAST WILL AND TESTAMENT I, Alice M. Shaw, do hereby declare that I reside in and own Apartment

1504 in the Illini Apartments located at 545 South Atlantic Blvd. in Fort Lauderdale, Florida 33316 and that this Instrument is my Last Will and Testament directing the Disposition and distribution of the proceeds and sale of said apartment and it's [ sic ] contents ...


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