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ARNOLD v. BAKER

No. 36871.

26 Ill.2d 131 (1962)

185 N.E.2d 844

SYLVA ARNOLD et al., Appellees, v. LAURA JEAN BAKER et al. — (Phyllis Cummings Groll et al., Appellants.)

Supreme Court of Illinois.

Opinion filed September 28, 1962.

Attorney(s) appearing for the Case

ADSIT, THOMPSON, HERR & STROCK, of Pontiac, and ROOT & WILDER, of Morris, for appellants Phyllis Cummings Groll et al.; BLACK & BLACK, of Morris, for appellants Francis Jane Noel et al.; and WILLIAM I. HYNDS, of Morris, for appellants Helen Jenkins et al.

DUNN & HAYES, of Morris, for appellees.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Certain heirs of Estella I. Baker, who died in 1957, filed an action in the circuit court of Grundy County to partition a farm. Defendants Phyllis and Louis Groll, to whom she had devised the farm by her will, filed a motion to dismiss the suit. The motion was denied, and a decree of partition was entered finding ownership as alleged in the second amended complaint as amended...

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