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McCLALLEN v. VILLAGE OF MORTON

No. 36018.

21 Ill.2d 374 (1961)

172 N.E.2d 763

BERNON McCLALLEN, Appellant, v. THE VILLAGE OF MORTON et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 27, 1961.

Attorney(s) appearing for the Case

CASSIDY & CASSIDY, and HARRY C. HEYL, both of Peoria, for appellant.

HAROLD H. KUHFUSS, and DUNKELBERG & RUST, both of Pekin, and RAMON MASON, of Morton, for certain appellees, and FRANK M. WANLESS, of Morton, (CONRAD NOLL, JR., of counsel,) for appellee executor.

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The named executor under a subsequently discovered will of Albert N. McClallen, deceased, appeals from an order of the county court of Tazewell County denying his petition to probate it. Since a freehold is involved the appeal is direct to this court.

The testator died in 1955. Shortly thereafter a will dated June 17, 1954 — together with codicils dated September 18...

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