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AUERBACH v. CONTINENTAL ILL. NAT. BK. & TR. CO.

Gen. No. 44,868.

340 Ill. App. 64 (1950)

91 N.E.2d 144

Julius Auerbach et al., Plaintiffs, and Lucile Goldman, Appellant, v. Continental Illinois National Bank and Trust Company of Chicago, Executor of Last Will and Testament of Carrie Reiss, Deceased et al., Appellees.

Appellate Court of Illinois.

Released for publication April 3, 1950.

Attorney(s) appearing for the Case

JAMES D. MURPHY, of Chicago, for appellant; JAMES S. GRISHAM and ALBIN DOMMERMUTH, both of Chicago, of counsel.

WINSTON, STRAWN, SHAW & BLACK, of Chicago, for appellees; JOHN D. BLACK and DOUGLAS C. MOIR, both of Chicago, of counsel.

MR. PRESIDING JUSTICE LEWE delivered the opinion of the court.

Lucile Goldman and Ruth Auerbach, nieces and only heirs-at-law of Carrie Reiss, deceased, filed a complaint to set aside her will and codicil thereto, alleging as grounds the lack of mental capacity and undue influence. During the pendency of this suit Ruth Auerbach died and her husband was substituted as party plaintiff. The cause was referred to a master...

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