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KEHRER v. KEHRER

Gen. No. 60-O-17.

28 Ill. App.2d 296 (1960)

171 N.E.2d 239

Russell Kehrer, Elmer Kehrer, Rachel Renth, Ruth Boade and Caroline Christ, Plaintiffs-Appellants, v. Erwin Kehrer, Carl Kehrer and Roland Kehrer, Individually and as Executor of the Last Will and Testament of Joseph Kehrer, Deceased, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

December 14, 1960.

Attorney(s) appearing for the Case

McGlynn & McGlynn, of St. Louis, for appellants.

Meryl T. Schroeder, of Mascoutah, for appellees.

HOFFMAN, JUSTICE.

This was an action by plaintiffs to contest the will of Joseph Kehrer, deceased. It was the first case on the trial call before a jury ordered to convene on Monday, July 13, 1959 in the Circuit Court of Clinton County. On the morning of that day, plaintiff's attorney, who lived about 45 miles from the courthouse, while preparing to leave for court, unexpectedly became violently ill. The clerk of the court was contacted by telephone and advised of...

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