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WALKER v. STURGIS

Gen. No. 64-11.

47 Ill. App.2d 251 (1964)

198 N.E.2d 131

Pearl Walker, et al., Administrator of the Estate of Sarah Edna Nelson, Deceased, Plaintiffs-Appellants, v. Lindell Sturgis, Executor of the Will of Otis Nelson, Deceased, and Rolla Nelson, Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

April 8, 1964.

Attorney(s) appearing for the Case

Jack Williamson, of Vienna, for appellants.

Louis G. Horman, of Metropolis, for Lindell Sturgis, and August Fowler, of Marion, for Rolla Nelson, appellees.

SMITH, J.

Plaintiffs filed a complaint charging that paragraph four of the will of Otis Nelson gave his widow a fee simple estate and that the gift over to a brother, Rolla, was void. Defendants moved to strike the complaint on the ground that the paragraph is neither ambiguous nor uncertain and that the court should not assume jurisdiction to construe a will which is neither ambiguous nor uncertain. The trial court allowed defendants motion to strike and, plaintiffs...

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