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IN RE McCALMONT

Gen. No. 11,101.

16 Ill. App.2d 246 (1958)

148 N.E.2d 23

In Matter Estate of Mary Alice McCalmont, Deceased. Karl Yost, Executor, Petitioner-Appellee, v. Taylor Fitzgerald, Objector-Appellant.

Appellate Court of Illinois — Second District, Second Division.

Released for publication February 28, 1958.

Attorney(s) appearing for the Case

Dixon, Devine & Ray, of Dixon, and Anderson, Will & O'Donnell, of Mansfield, Ohio (George K. Ray, Sherwood Dixon, and Luke R. Morin, of counsel) for objector-appellant.

Besse & Besse, of Sterling (Robert W. Besse, of counsel) for appellee.

PRESIDING JUSTICE CROW delivered the opinion of the court.

The objector-appellant, Taylor Fitzgerald, a nephew of the decedent, is the residuary legatee and devisee and principal beneficiary under the will of Mary A. McCalmont, deceased, and is a resident of Ohio. Karl Yost, a resident of Illinois, as executor, on a petition to fix his fee, was allowed an executor's fee of $7,000 by the County Court of Whiteside county, Illinois, and on an appeal an order to the same...

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