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LYNN v. LYNN

No. 36004.

21 Ill.2d 131 (1960)

171 N.E.2d 53

DEAN A. LYNN et al., Appellants, v. McHARRY LYNN, Appellee.

Supreme Court of Illinois.

Rehearing denied January 18, 1961.

Attorney(s) appearing for the Case

R. MARLIN BAKER, and EDWIN C. MILLS, both of Lincoln, for appellants.

FORSTER I. MITCHELL, and JAMES L. PERBIX, both of Havana, for appellee.

Reversed and remanded.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

This case comes to us on appeal from a decree entered as the result of a will contest trial wherein the jury was instructed to return a verdict upholding the will in question. The contested will purported to dispose of real estate, and therefore a freehold is involved, giving us jurisdiction on direct appeal.

The litigants are brothers, and are grandsons of the testatrix...

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