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EVANS v. DeBRULER

Gen. No. 10,531.

49 Ill. App.2d 35 (1964)

198 N.E.2d 531

Florence Evans and Hal Atchison, Plaintiffs, v. Wanda L. DeBruler, Individually and as Executor of the Last Will and Testament of Maude E. Vadakin, Deceased, Charles M. Hill, Bryan Gregory, Being the Same Person as Bryant Gregory, Adley Gregory, Being the Same Person as Charles Adley Gregory, the Trustees of the First Presbyterian Church of Bethany, Illinois, a Religious Corporation, Jane Evans Sparr, Being the Same Person as Jane Evans, et al., Defendants. Florence Evans and Jack Atchison, Administrator of the Estate of Hal Atchison, Deceased, Plaintiffs-Counterdefendants, Appellants-Cross Appellees, v. Wanda L. DeBruler, as Executor of the Last Will and Testament of Maude E. Vadakin, Deceased, and Alice Hitpas, Defendants-Appellees, and Bryan T. Gregory and Charles A. Gregory, Defendants-Counterclaimants, Appellees-Cross Appellants, and Charles M. Hill, Defendant-Appellee and Cross Appellee.

Appellate Court of Illinois — Fourth District.

May 7, 1964.

Attorney(s) appearing for the Case

Thomas, Mulliken & Mamer, of Champaign, and Williams, Williams & Meyer, of Oshkosh, Wisconsin, for plaintiffs-appellants.

Downing, Smith, Jorgensen & Uhl, of Decatur (Elbert S. Smith, of counsel), and Randall, Danskin, Lundin & Allison, of Spokane, Washington, Vail, Mills, Armstrong, Winters & Prince, of Decatur, White and White, of Sullivan, for defendant-appellee, Charles M. Hill.

SPIVEY, J.

This is an appeal from a decree of the Circuit Court of Moultrie County construing Paragraph Fifth of the last will and testament of Maude E. Vadakin, who died on May 31, 1962, widowed and childless.

Mrs. Vadakin was the youngest member of a family of nine girls and two boys. On March 7, 1947, at the age of 72 years she executed her last will and testament. On January 28, 1960, she executed a codicil to her will which in no way altered or affected...

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