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08/04/89 In Re Estate of Vincent Panzeca

August 4, 1989

IN RE ESTATE OF VINCENT PANZECA, DECEASED (CONSIGLIA


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

Panzeca, Petitioner-Appellee, v.

Natale Panzeca, Indiv. and as Ex'r of the Estate of Vincent

Panzeca, Deceased, Respondent-Appellant)

543 N.E.2d 161, 187 Ill. App. 3d 251, 134 Ill. Dec. 878 1989.IL.1200

Appeal from the Circuit Court of Cook County; the Hon. Robert O. Ericsson, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE MURRAY delivered the opinion of the court. LORENZ and COCCIA, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MURRAY

Decedent Vincent Panzeca died testate on June 30, 1982. He had previously drafted and properly executed his own will in July 1981. Petitioner Consiglia Panzeca is his surviving spouse, and respondent Natale Panzeca, a son from testator's first marriage, was named executor in the will. Testator was survived by his second wife (petitioner), four children of his first marriage, and an adopted daughter. After providing for payment of debts and expenses, a $5,000 bequest to a grandson, and other Dispositions, the will contained the following paragraphs, the meaning of which is disputed in this case.

"I order and direct that my present wife CONSIGLIA PANZECA, at my death, shall be usufructuary, while she is living, of the house that I own here in Chicago, and of the rest of my estate, real, personal, or mixed, of whatsoever nature, kind or sort, and wheresoever situated, to which I may be entitled, or which I may have power to dispose of at my death.

At the death of my wife CONSIGLIA PANZECA, all my estate, as described in the preceding paragraph, shall be divided as follows: One half (fifty percent) to my daughter from my first marriage, ANNA PANZECA. The remaining one half (fifty percent) shall be divided in equal shares, among the following four persons:

1) NATALE PANZECA, my son from my first marriage;

2) GEORGE PANZECA, my son from my ...


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