CHAMPAIGN COUNTY BK. & TR. v. JUTKINS

No. 37690.

29 Ill.2d 253 (1963)

193 N.E.2d 779

CHAMPAIGN COUNTY BANK AND TRUST CO., Admr., et al., Appellees, v. CHARLES V.B. JUTKINS et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 26, 1963.


Attorney(s) appearing for the Case

WEBBER, BALBACH & THIES, of Urbana, for appellant Frances M. Winship; APPLEMAN, ZIMMERLY & McKNELLY, of Champaign, and EUGENE F. SCOLES, of Urbana, (ROBERT D. McKNELLY, of counsel,) for other appellants.

BUSCH, HARRINGTON & PORTER, of Champaign, for appellees.


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This appeal has been brought directly to this court from the decree of the circuit court of Champaign County in an action to construe the will of Francis R. Jutkins, deceased. A freehold is involved.

The case turns upon the construction of the 1957 amendment to section 46 of the Probate Act. As amended that section provides: ...

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