OTTA v. OTTA

Gen. No. 64-56.

58 Ill. App.2d 63 (1965)

207 N.E.2d 147

Kenneth D. Otta, Executor of the Estate of Henry A. Otta, Deceased, Plaintiff-Appellee, v. Mabel E. Otta, et al., Executor of the Estate of August T. Otta, Deceased, Defendants and Appellees, and Opal Tippitt, Defendant and Appellant.

Appellate Court of Illinois — Fifth District.

April 23, 1965.


Attorney(s) appearing for the Case

Joe P. Longwell, of Pana for appellant.

Baker & Baker, of Shelbyville, for Mabel E. Otta and Shelby Loan & Trust Company, appellees.


GOLDENHERSH, J.

This is an appeal from the decree of the Circuit Court of Shelby County, construing the Will of Henry A. Otta, deceased.

Henry A. Otta died, testate, on January 3, 1945. His Will, executed on January 6, 1943, was duly admitted to probate. Paragraph Third of his Will created a life estate in his widow, Lillie, in all real estate owned by him. The Will also provided:

"Sixth: Within a reasonable time after the death of my wife Lillie...

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