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VOGEL v. KATZ

Gen. No. 49,488.

64 Ill. App.2d 126 (1965)

212 N.E.2d 295

Ferdinand Vogel, Petitioner-Appellant, v. Harold A. Katz, Executor of the Last Will and Testament of Selma Fischer, Deceased, and American Heart Association, a New York Not for Profit Corporation, Respondents-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

Modified opinion November 12, 1965.

Attorney(s) appearing for the Case

Hoellen, Willens & Manilow, of Chicago (Sherwin Willens and Arline Rusin, of counsel), for appellant.

Joseph Minsky & Samuel K. Weiner, of Chicago (Joseph Minsky, of counsel), for Harold A. Katz, executor of the last will and testament of Selma Fischer, deceased, appellee; Nygren & Holloway, of Chicago, for American Heart Association, beneficiary under last will and testament of Selma Fischer, deceased, appellee.

MR. JUSTICE ENGLISH delivered the opinion of the court as modified on rehearing.

Ferdinand Vogel, as brother and sole heir of Selma Fischer, deceased, filed a petition to set aside the order admitting her will to probate, on the ground that he had not been given legal notice of the hearing thereon. After a hearing on Vogel's petition, the executor moved for its dismissal at the close of the petitioner's case, the motion was allowed, and the petition was dismissed...

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