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HEUBERGER v. SCHWARTZ

Gen. No. 48,766.

41 Ill. App.2d 28 (1963)

190 N.E.2d 163

George J. Heuberger, Plaintiff-Appellant, v. Louise Schwartz and Helen Neuffer, n/k/a Helen Neuffer Berndtson, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

March 27, 1963.

Attorney(s) appearing for the Case

Hoellen, Willens & Manilow, of Chicago (Sherwin Willens and Floyd B. Manilow, of counsel), for appellant.

Edwin B. Berndtson and Schultz, Krinsley, Voorheis & Hedberg, of Chicago (Edwin B. Berndtson, of counsel), for Helen Neuffer Berndtson, appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from an order of the Superior Court of Cook County dismissing plaintiff's complaint to contest the will of Caroline C. Reichardt on the ground that the nine month period in which a will can be contested under Section 90 of the Probate Act (Ill Rev Stats c 3, § 90 (1961)) had expired. The pertinent part of that section is as follows:

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