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SMITH v. THAYER

No. 37666.

28 Ill.2d 363 (1963)

192 N.E.2d 375

JANE ESTHER THAYER SMITH et al., vs. MARY M. THAYER et al. — (JOHN T. WULFF et al., Appellants, v. CLINTON SMITH, Appellee.)

Supreme Court of Illinois.

Modified on denial of rehearing September 26, 1963.

Attorney(s) appearing for the Case

THOMAS, MULLIKEN & MAMER, of Champaign, for appellants.

DILLAVOU, JONES, OVERAKER & SCHWARTZ, of Paris, for appellee.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

The sole question presented by this appeal is whether certain devisees under the wills of Adoniram J. Thayer and Mary M. Thayer, husband and wife, are entitled to share per capita or per stirpes.

The property in question consists of 600 acres of farm land situated in Douglas County, 340 acres of which were owned by...

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