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IN RE ESTATE OF CULLEN

Gen. No. 65-57.

66 Ill. App.2d 217 (1965)

213 N.E.2d 8

In the Matter of the Estate of Benedict T. Cullen, Deceased. Emma E. Cullen, Petitioner-Appellant, v. Charles B. Cullen, Executor of the Last Will and Testament of Benedict T. Cullen, Deceased, Respondent-Appellee.

Appellate Court of Illinois — Third District.

December 30, 1965.

Attorney(s) appearing for the Case

Berry & O'Conor, of Streator, for appellant.

R.A. Powers, of Streator, for appellee.

ALLOY, P.J.

The cause before us arose as a result of a petition filed in the Probate Division of the Circuit Court of LaSalle County for appointment of appraisers and fixing and allowance of a widow's award to Emma E. Cullen as the surviving spouse of the deceased, Benedict T. Cullen. Just before the marriage of the parties in 1959, the petitioner and decedent had executed a premarital agreement which contained the following provisions:

"2. The party of the...

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