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AAGESEN v. MUNSON

Gen. No. 11,376.

25 Ill. App.2d 336 (1960)

166 N.E.2d 637

Arthur K. Aagesen, Sr., Administrator of the Estate of Anna Christina Hansen, Plaintiff-Appellant, v. C.M. Munson, Executor of the Last Will and Testament of James Hansen, and Knute Hansen, Richard Hansen, Krastian Nielsen, Iver Henna, Otto Bidstrup, Elmer Schou, and Agnes Skiller, Devisees and Legatees Under Said Last Will and Testament, Defendants-Appellees.

Appellate Court of Illinois — Second District, First Division.

April 28, 1960.

Attorney(s) appearing for the Case

Ernest H. Pool, Sr., of Ottawa, Wayne Wilson, of Sycamore, and Harold E. Hansen, of DeKalb, for appellant.

O'Brien, Burnell, Puckett, and Barnett, of Aurora, Thomas M. Anderson, of Earlville, Kenneth L. Carnahan, of Sycamore, and Daniel L. Cliffe, of Shabbona (Wilson D. Burnell, Thomas M. Anderson, Kenneth L. Carnahan, and Daniel L. Cliffe, of counsel) for appellees.

PRESIDING JUSTICE McNEAL delivered the opinion of the court.

This is a suit filed by the administrator of a deceased, incompetent widow seeking renunciation of her husband's will. The facts contained in the amended complaint follow. Anna Christina Hansen was adjudged an incompetent on March 20, 1958. On April 16 following, her husband, James Hansen, executed a will wherein he left his estate in trust. The trust provided that the income and, if necessary, the principal...

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