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08/08/96 MATTER ESTATE ESTHER THORP v. STEVEN KENT

August 8, 1996

IN THE MATTER OF THE ESTATE OF ESTHER THORP, DECEASED, ELIZABETH T. MILLER, EXECUTOR OF THE WILL OF ESTHER THORP, DECEASED, PLAINTIFF-APPELLEE,
v.
STEVEN KENT LUKER, DEFENDANT-APPELLANT.



Appeal from Circuit Court of De Witt County. No. 93P94. Honorable Stephen H. Peters, Judge Presiding.

Petition for Rehearing Denied September 10, 1996. Released for Publication September 10, 1996. As Corrected September 13, 1996.

Honorable Robert W. Cook, P.j., Honorable Frederick S. Green, J., Honorable James A. Knecht, J., Concurring. Presiding Justice Cook delivered the opinion of the court.

The opinion of the court was delivered by: Cook

PRESIDING JUSTICE COOK delivered the opinion of the court:

In October 1993, Esther Thorp (testatrix) died testate leaving an estate in excess of $550,000. She left the following heirs at law (emphasized individuals predeceased the testatrix):

(1) Elizabeth T. Miller, sister;

(2) Howard Thorp, brother;

-- George Thorp, nephew;

(3) Clyde Thorp, brother;

(4) Luretta Luker, sister;

-- Mary Alice McIntosh, niece;

-- Phyllis Ann Swearingen, niece;

-- Charles Luker, nephew;

-- Charles C. Luker, grandnephew;

-- Phillip I. Luker, grandnephew;

-- Steven K. Luker, ...


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