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MILLIKIN TRUST CO. v. JARVIS

Gen. No. 10,358.

34 Ill. App.2d 180 (1962)

180 N.E.2d 759

The Millikin Trust Company, a Corporation, as Executor and as Co-trustee Under the Last Will and Testament of Everett P. Jarvis, Deceased, Plaintiff-Appellee, v. Blanche G. Jarvis, etc., Defendant-Appellee, and Vernon D. Jarvis et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied March 29, 1962.

Attorney(s) appearing for the Case

Bookwalter, Carter, Gunn & Hickman, all of Danville, Arthur J.B. Showalter, of Champaign, and Edwin C. Mills, of Lincoln, guardian ad litem for all minors and Trustee for all unborn parties joining in appeal, for appellants.

Fribley & LaCharite, of Pana, and Dowing, Smith, Prince, Jorgensen & Uhl, of Decatur (John W. Fribley, of Pana, Elbert S. Smith and Robert R. Uhl, of Decatur, of counsel), attorneys for defendant-appellee, Blanche G. Jarvis. Boland, Delahunty & Brown, of Decatur, for appellee, Harris & Harris, of Lincoln, attorneys for plaintiff-appellee, The Millikin Trust Co.

ROETH, PRESIDING JUSTICE.

Everett P. Jarvis, a resident of Peoria, departed this life on April 7, 1947. He left a last will and testament dated December 16, 1942, which was probated in Peoria County. By the first clause of his will he directed payment of all debts, etc., and that:

"... subject thereto, my estate, real, personal and mixed, of whatsoever nature and wheresoever situate, which I may own or have the right to dispose of at the time of my decease...

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