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HEIDEMAN v. KELSEY

No. 35104.

19 Ill.2d 258 (1960)

166 N.E.2d 596

MARIAN HEIDEMAN, Appellee, v. WILLARD V. KELSEY, Exr., et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 16, 1960.

Attorney(s) appearing for the Case

GREEN AND HOAGLUND, of Alton, and HEMPHILL AND KELSEY, of Carlinville, (JAMES K. ALMETER, of counsel) for appellants.

FRANCIS R. WILEY, of Decatur, DENIS A. McGRADY, of Gillespie, and WM. J. BECKER, of Clayton, Missouri, for appellee.

Decree reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This is an action to set aside a document dated January 10, 1950, which had been admitted to probate as the last will and testament of Charles Avery Hilliard. The plaintiff is Marian Heideman, the only child and sole heir of the testator, who was bequeathed one-sixth of the testator's personal estate under the will. The defendants are Willard V. Kelsey, the executor, and Frank Wyman...

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