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SPENCER v. BURNS

No. 32362.

413 Ill. 240 (1952)

108 N.E.2d 413

ROBERT SPENCER et al., Appellees, v. ISOM BURNS et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 17, 1952.

Attorney(s) appearing for the Case

JOHN E. FOSTER, JOSEPH P. POWER, JAMES F. LYONS, and ALFRED W. ISRAELSTAM, all of Chicago, for appellants.

WACHOWSKI & WACHOWSKI, of Chicago, (CASIMIR R. WACHOWSKI, and CONRAD J. NADOWSKI, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

This action had its inception in the superior court of Cook County when Robert Spencer, who alleged that he was the surviving spouse of Bertha Spencer, deceased, and Elizabeth Frowner, administratrix of the decedent's estate, filed a complaint seeking to partition real estate owned by Bertha Spencer at her death on February 1, 1948. Named as defendants were Will Burns and Isom Burns, the...

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