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FREY v. WUBBENA

No. 36972.

26 Ill.2d 62 (1962)

185 N.E.2d 850

LEONA FREY et al., Appellants, v. MARTHA WUBBENA et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 29, 1962.

Attorney(s) appearing for the Case

THOMAS, DAVIS AND KOSTANTACOS, of Rockford, (CHARLES H. DAVIS, and CHARLES S. THOMAS, of counsel,) for appellants.

EATON & LEEMON, of Mt. Carroll, and FEARER & NYE and S. DONALD CROWELL, both of Oregon, for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This cause originated as an action to partition real estate. The complaint was filed by plaintiffs, Leona Frey and Rosanna Dietmeier, daughters by a prior marriage of Herman E. Wubbena, against Martha Wubbena, Herman's widow, and the executor of his estate. The widow filed a counterclaim to determine the rights and interests...

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