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CHARLET v. CHARLET

No. 33258.

5 Ill.2d 100 (1955)

125 N.E.2d 91

MARVIS CHARLET et al., Appellees, v. LAWRENCE CHARLET et al., Appellants.

Supreme Court of Illinois.

Rehearing petition stricken March 22, 1955.

Attorney(s) appearing for the Case

SOLLO, GRAHAM & CALIFF, of Moline, and ERMAN A. KING and TELLEEN & TELLEEN, both of Cambridge, (LOREN E. MURPHY, of Monmouth, of counsel,) for appellants.

EAGLE & EAGLE, (EDWARD L. EAGLE, JR., of counsel,) both of Rock Island, and CARL A. MELIN, of Cambridge, for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This appeal is from a decree of the circuit court of Henry County ordering partition of three farms among the heirs-at-law of Ferdinand Charlet, who died in 1922, survived by his widow and six sons, Frank, Frederick, John, Carl, Ernest and Bernard.

For some time before he executed his will in 1914, the testator had owned six farms. Two of the farms were

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