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STONE v. BALDWIN

Gen. No. 10,591.

347 Ill. App. 128 (1952)

106 N.E.2d 379

Claude U. Stone, Trustee and Executor Under Will of Fannie G. Baldwin, Deceased, Plaintiff, v. Sidney Baldwin, Helen Baldwin Smith, Margaret Baldwin Holley et al., Defendants. Helen Baldwin Smith et al., Petitioners-Appellants, v. Edwin V. Champion, Respondent-Appellee.

Appellate Court of Illinois.

Rehearing denied June 11, 1952.

Released for publication June 12, 1952.

Attorney(s) appearing for the Case

CASSIDY & SLOAN, of Peoria, for appellants.

MORGAN, PENDARVIS & MORGAN, of Peoria, for appellee.

HARRY E. WITHERELL, and CLARENCE W. HEYL, both of Peoria, for respondent-appellee; BAER, DAVIS & WITHERELL, and HEYL, ROYSTER & VOELKER, all of Peoria, of counsel.

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

On February 7, 1931, Fannie G. Baldwin executed her will and, thereafter, on November 29, 1935, a codicil thereto which were duly admitted to probate by the probate court of Peoria county following her death in 1938. Claude U. Stone was appointed executor and administered her estate and was discharged as such executor on December 22, 1946. The will created a trust and named Claude U. Stone and another...

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