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IN RE ESTATE OF BREAULT

Gen. No. 53,395.

113 Ill. App.2d 356 (1969)

251 N.E.2d 910

In the Matter of the Estate of Oscar J. Breault, Deceased. William Joseph Breault and Bonnie Jo Ellen Kathryn Breault, Petitioners-Appellants, v. Harold L. Feigenholtz, Executor of the Will of Oscar J. Breault, Deceased, Estelle Angela Breault, Kenneth Breault and Wesley Memorial Hospital, a Corporation, and Harold L. Feigenholtz, Individually and as Trustee Under the Last Will and Testament of Oscar J. Breault, Deceased, Respondents-Appellees.

Appellate Court of Illinois — First District.

August 1, 1969.

Attorney(s) appearing for the Case

John J. Yowell and G. Kent Yowell, of Chicago (Yowell and Yowell, of counsel), for appellants.

Hirsch E. Soble, of Chicago, for Harold L. Feigenholtz, appellee.

MR. JUSTICE CRAVEN delivered the opinion of the court.

This case involves the question of whether section 24 of the Limitations Act (Ill Rev Stats 1967, c 83, par 24a) applies to a proceeding to contest a will under section 90 of the Probate Act (Ill Rev Stats 1965, c 3, par 90) where a petitioner has been nonsuited. On motion of respondent Feigenholtz the circuit court dismissed the action on the ground that section 24 did not apply and the suit was not filed in...

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