SCHROEDER v. BENZ

No. 34097.

9 Ill.2d 589 (1956)

138 N.E.2d 496

OLIVER G. SCHROEDER, Exr., v. JOHN BENZ et al., Appellants. — (IDA SCHROEDER et al., Appellees.)

Supreme Court of Illinois.

Opinion filed November 26, 1956.


Attorney(s) appearing for the Case

P.C. OTWELL, of Belleville, and J. MAX MITCHELL, of West Frankfort, for appellants.

HOWARD F. BOMAN, and FRANCIS D. CONNER, both of East St. Louis, for appellees.


Affirmed in part and reversed in part, and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

This appeal from the circuit court of St. Clair County involves the construction of the will of Lizzie Hammann, who died on September 16, 1954.

The principal question is whether the following paragraph of her will directed a per capita or per stirpes division:

"Fourth: —...

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