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COMISKY v. MOORE

No. 37238.

26 Ill.2d 494 (1962)

187 N.E.2d 256

JAY COMISKY et al., Appellees, v. PHILIP MOORE et al., Appellants.

Supreme Court of Illinois.

Rehearing denied January 28, 1963.

Attorney(s) appearing for the Case

CARL POMERANCE, of Chicago, and T. EMMETT WHITE, of Ottawa, for appellants.

BERRY & O'CONOR, of Streator, and POOL & LANGER, of Ottawa, for appellees.

Decree affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

This case involves a suit to partition two farms owned by Owen Moore at the time of his death on June 4, 1898, and devised by him in his will. The construction of this will determines their present ownership. The circuit court of La Salle County entered a decree in accordance with the plaintiffs' theory that "surviving children" as used in the will referred to those children surviving...

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