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VECE v. DE BIASE

Gen. No. 49,007.

46 Ill. App.2d 248 (1964)

197 N.E.2d 79

Marion Vece (a/k/a Marianne Vece), Plaintiff-Appellee, v. Carl De Biase, Executor Under the Instrument Purporting to Be the Last Will and Testament of John Mackenzie, Deceased, Defendant-Appellant, Homer A. Nixon and Mary E. Nixon, etc., et al., Defendants-Appellants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied March 16, 1964.

Attorney(s) appearing for the Case

Arthur Abraham, and Goldberg and Goldberg, all of Chicago, for appellant, Carl De Biase.

Raymond L. Jones, of Chicago, for appellee.

MR. JUSTICE BURMAN delivered the opinion of the court.

The controversy at bar arose out of a proceeding to contest the will of John Mackenzie brought by Marion Vece, a niece of the deceased. The action which was brought against Carl De Biase, Executor, and Homer A. Nixon and Mary E. Nixon, the principal beneficiaries, was based on allegations that the will of the decedent was invalid, due to the testator's mental incapacity and the undue influence and fraud which...

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