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DOMKE v. McCUE

Gen. No. 52,128.

110 Ill. App.2d 1 (1968)

249 N.E.2d 287

Joan Domke, Plaintiff-Appellant, v. Ethel McCue, Individually, and as Executor of the Will of Agnes S. Graser, Deceased, Dorothy Gerding and Dorothy Sullivan, as Executor of the Will of James H. Sullivan, Deceased, Peter J. Sullivan, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

Amended on Rehearing April 29, 1969.

Attorney(s) appearing for the Case

Ehrlich, Bundesen & Cohn, of Chicago (Russell Bundesen, of counsel), for appellant.

McKinley, Price & Fako, for Ethel McCue, Werner H. Sommers, for Dorothy Sullivan, Wilson & McIlvane, for Dorothy Gerding, and Gregory A. Gelderman, all of Chicago, for Peter J. Sullivan, Marie S. Dunne, Isabell Stephens, Virginia DeTauble, Adele Sullivan and Genevieve Sullivan, appellees. (Paul E. Price, of counsel.)

ON REHEARING

MR. JUSTICE BURKE delivered the opinion of the court.

This appeal is taken from a judgment entered against plaintiff, Joan Domke, on her complaint for the construction of a will.

Testatrix, Agnes S. Graser, died on September 13, 1964, and her will was admitted to probate on October 22, 1964. The pertinent paragraphs of the will read as follows:

"THIRTEENTH: I give and bequeath unto ROSE SULLIVAN, a widow of DR. F.J. SULLIVAN...

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