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IN RE ESTATE OF McDONOUGH

Gen. No. 69-10.

113 Ill. App.2d 437 (1969)

251 N.E.2d 405

In the Matter of the Estate of Grace S. McDonough, Deceased. Louise McDonough, Respondent-Appellant, v. Lloyd N. Schertz, Individually and as Executor of the Estate of Grace S. McDonough, Deceased, Petitioner-Appellee, and Eunice S. Howell, Respondent-Appellee.

Appellate Court of Illinois — Third District.

September 17, 1969.

Attorney(s) appearing for the Case

Berry, Leighty & Simshauser, of Macomb, for appellant.

Harris & Harris, of Macomb, and Rainey & Murphy, of Princeton, for appellee.

RYAN, J.

On July 1, 1966, Grace S. McDonough and others entered into a contract to sell certain lots to the City of Macomb. The contract provided for a down payment, a payment on July 1, 1967, and the payment of the balance on July 1, 1968. Warranty Deeds were executed and placed in escrow. The down payment was made and the payment due July 1, 1967, was likewise made when due.

On March 3, 1967, Grace S. McDonough executed her will, paragraph 4 of which provided...

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