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NICOLAI v. REINBOLD

Gen. No. 45,233.

343 Ill. App. 92 (1951)

98 N.E.2d 136

Angelo Erwin Nicolai, Executor under Will of Louis B. Erwin, Deceased, Appellant, v. Flora Reinbold et al., Appellees.

Appellate Court of Illinois.

Rehearing denied April 4, 1951.

Released for publication April 6, 1951.

Attorney(s) appearing for the Case

LLOYD W. LEHMAN, of Chicago, for appellant.

VAN DUZER, GERSHON & QUINLAN, of Chicago, for certain appellees; JOHN B. VAN DUZER, of Chicago, of counsel.

MR. JUSTICE FRIEND delivered the opinion of the court.

On September 13, 1945, Louis B. Erwin, a resident of Cook county, Illinois, died, leaving a last will and testament, paragraph 4, subparagraph (h) of which provided as follows: "I give and bequeath to my deceased wife's sister, Lucy W. Gardner, or, if she shall die during my lifetime, to her widowed husband, surviving me, the share of One-Ninth (1/9) of said residue." Lucy W. Gardner died during the lifetime of...

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