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IN RE ESTATE OF McCLALLEN

Gen. No. 10,112.

13 Ill. App.2d 413 (1957)

141 N.E.2d 883

In Matter of Estate of Albert N. McClallen, deceased. Elton R. Heiser, as Executor, of Estate of Albert N. McClallen, deceased, Petitioner, v. Harrington McClallen et al., Defendants. Elton R. Heiser, as Executor of Estate of Albert N. McClallen, deceased, Petitioner-Appellee, and Harrington McClallen et al., Defendants-Appellees, v. Thornton McClallen, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Released for publication May 15, 1957.

Attorney(s) appearing for the Case

Cassidy, Sloan & Cassidy, of Peoria, for Thornton McClallen, defendant-appellant.

Frank M. Wanless, of Morton, for Elton R. Heiser, Executor of the Estate of Albert N. McClallen, deceased, petitioner-appellee.

JUDGE CARROLL delivered the opinion of the court.

This is an appeal from a decree of the County Court of Tazewell county, directing the sale of a 40 acre tract of land to pay debts in the estate of Albert N. McClallen, deceased.

The decedent left a will which was admitted to probate on June 10, 1955. By the first item of this instrument, the testator directs his executor to pay his funeral expenses and all his just debts, including costs of administration...

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