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BURNS v. SCHMIDT

No. 35966.

22 Ill.2d 47 (1961)

174 N.E.2d 188

NELLIE BURNS, Appellee, v. ANDREA SCHMIDT, Exrx., et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 17, 1961.

Attorney(s) appearing for the Case

BRADEN, HALL, BARNES & Moss, of Chicago, (GEORGE S. BARNES, of counsel,) for appellants.

IRVING GOODMAN, EDWARD LEWISON, and HERMAN L. EPSTEIN, all of Chicago, for appellee.

Reversed and remanded.

Mr. CHIEF JUSTICE SCHAEFER delivered the opinion of the court:

This is an action to set aside a document dated October 8, 1957, which had been admitted to probate as the last will and testament of Olivia Kitts, who died on March 26, 1958. The plaintiff is Nellie Burns, her niece and her sole heir, who was bequeathed $300. The defendants are Andrea Schmidt, the executrix and Emma Wallace, the residuary legatee. The complaint contained...

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