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IN RE ESTATE OF LEAKE

Gen. No. 10,959.

107 Ill. App.2d 346 (1969)

246 N.E.2d 314

In the Matter of the Estate of Charles Oliver Leake, Deceased. James Leake and William Stephenson, Individually, and as Executors Under the Last Will and Testament of Charles Oliver Leake, Deceased, Plaintiffs-Appellees, v. James A. Million, Edna Haigh, Allie Winchester, The Salvation Army, Opal Stephenson King, et al., Defendants, James A. Million, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

March 20, 1969.

Attorney(s) appearing for the Case

Cohn, Cohn and Korein, of East St. Louis (Joseph Cohn, of counsel), for appellants.

Harry G. Story and William T. Wilson, of Jacksonville, for appellees.

TRAPP, P.J.

Defendants, James A. Million, Edna Haigh and Allie Winchester, who are the sole heirs of Charles Oliver Leake, testator, appeal from a decree of the Circuit Court, construing the will of the testator on complaint of the plaintiff executors, James Leake and William Stephenson.

In substance the will in question first left all property to the testator's wife, and then provided:

"Item FOUR: In the event my wife should predecease me, then and...

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