ELLIS v. UNION NAT. BANK

Gen. No. 9,790.

345 Ill. App. 100 (1951)

102 N.E.2d 353

Aleta Ellis et al., Plaintiffs, v. Union National Bank of Macomb, as Executor of Last Will and Testament of Ella Mae Smith, Deceased et al., Defendants. Floe Hill, Appellant, v. Aleta Ellis et al., Appellees.

Appellate Court of Illinois.

Rehearing denied December 20, 1951.

Released for publication December 20, 1951.


Attorney(s) appearing for the Case

HARRIS & HARRIS, of Macomb, for appellants.

GUMBART, GRIGSBY & GUMBART, all of Macomb, for appellees.


MR. JUSTICE WHEAT delivered the opinion of the court.

Defendant-appellant, Floe Hill, filed a petition to set aside a decree in a will contest and for leave to plead thereto, which petition was on motion stricken, from which order this appeal is taken.

From the pleadings it appears that Ella Mae Smith died September 21, 1948, after having executed a will on January 18, 1947. Thereafter the will was duly admitted to probate on December 10, 1948, and on December...

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