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NUPNAU v. HINK

Gen. No. 49,112.

53 Ill. App.2d 81 (1964)

203 N.E.2d 63

Arthur Nupnau, on Behalf of Himself and All Other Beneficiaries Under the Last Will and Testament of Minna Rathje, Deceased, Dated January 14, 1959, and Under the Codicil Thereto Dated January 26, 1959, Plaintiffs-Appellants, v. Herman H. Hink, Executor of the Purported Last Will and Testament of Minna Rathje, Deceased, Dated September 4, 1959, and Herman H. Hink, et al., as Beneficiaries Under the Said Purported Will, Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied November 30, 1964.

Attorney(s) appearing for the Case

Dixon, Morse, Knouff & Holmes, of Chicago (Marshall Patner, of counsel), for appellants.

Dallstream, Schiff, Hardin, Waite & Dorschel, of Chicago (Robert S. Hunt and Robert J. Harmon, of counsel), for appellees.

MR. PRESIDING JUSTICE ENGLISH delivered the opinion of the court.

Plaintiffs appeal from an order of the Superior Court dismissing for lack of jurisdiction their complaint to contest the will of Minna Rathje, deceased.1

Plaintiffs, who are beneficiaries under a prior will, filed their original and amended complaints within the statutory nine-month period following the date of admission of the will to probate. Named as defendants...

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