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IN RE WILL OF LORTZ

No. 36428.

23 Ill.2d 344 (1961)

178 N.E.2d 298

In re WILL OF LENA LORTZ. — (ELIAS W. DARMSTATTER, Appellant, v. ELSIE HESSE et al., Appellees.)

Supreme Court of Illinois.

Opinion filed November 30, 1961.

Attorney(s) appearing for the Case

F.E. MERRILLS, of Belleville, for appellant.

KASSLY, CARR & BONE, of East St. Louis, and W.E. ACKERMANN, of Belleville, (HOMER LORTZ, of counsel,) for appellees.

Reversed and remanded.

Mr. CHIEF JUSTICE BRISTOW delivered the opinion of the court:*

The probate court of St. Clair County refused to admit to probate a codicil executed by the testatrix, Lena Lortz, and submitted by her nephew, Elias W. Darmstatter, herein referred to as plaintiff. That judgment was affirmed by the Appellate Court, and we granted plaintiff leave to appeal.

The issue before this court is the propriety...

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