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IN RE ESTATE OF DAY

No. 33599.

7 Ill.2d 348 (1955)

131 N.E.2d 50

IN THE MATTER OF THE ESTATE OF WILLIAM E. DAY, SR. — (C.E. DAY, Appellee, v. WILLIAM E. DAY, JR., Appellant.)

Supreme Court of Illinois.

Rehearing denied January 16, 1956.

Attorney(s) appearing for the Case

LeFORGEE, SAMUELS & MILLER, and DENZ, LOWE & LIMERICK, both of Decatur, (CARL R. MILLER and JERALD E. JACKSON, of counsel,) for appellant.

PFEIFER, FIXMER, GASAWAY and SIMHAUSER, of Springfield, (JOHN P. FIXMER, and FRANK M. PFEIFER, of counsel,) for appellee.

Order affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The issue presented in this case is whether a marriage ceremony, entered into by William E. Day about six weeks after he had executed his will, worked a revocation of the will. The county court of Fayette County denied probate of the will on the ground that it had been so revoked. The circuit court, on appeal, found that the will was not revoked...

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