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BOTH v. NELSON

Gen. No. 49,155.

46 Ill. App.2d 69 (1964)

196 N.E.2d 530

Louis Both, et al., as Legatees Under the Last Will and Testament of Sophia Both, Deceased, Dated May 3, 1952, and John Both, as Executor Thereof, Appellees, v. Frank Emery Nelson, Appellant.

Appellate Court of Illinois — First District, First Division.

January 6, 1964.

Attorney(s) appearing for the Case

McFarland, Morgan & Stearns, and Leonard W. Stearns, all of Chicago, for appellant.

William Parker Ward and Edwin Walsh, both of Chicago, for appellees.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is a will contest. Sophia Both, the decedent, 78 years old, executed the purported will on October 16, 1957. Plaintiffs sue as legatees under a prior will, dated May 3, 1952. The issues were lack of testamentary capacity and undue influence by defendant, the sole beneficiary. Defendant appeals from a verdict and decree which found that the instrument offered...

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