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IN RE ESTATE OF CARR

Gen. No. 53,272.

126 Ill. App.2d 461 (1970)

262 N.E.2d 54

In the Estate of Rosina Merle Carr, Deceased. Edward A. Loss, Jr., Petitioner-Appellee, v. Continental Illinois National Bank and Trust Company of Chicago, as Successor Executor of the Will of Rosina Merle Carr, Deceased, Mabel Merle Curran, Individually and as Executor of the Will of Henry J. Merle, Deceased, John M. Boyle, and Henry Joseph Roach, Respondents-Appellants, Barbara Ann Loss, a Minor, Respondent-Appellee.

Appellate Court of Illinois — First District.

June 26, 1970.

Attorney(s) appearing for the Case

Sidley and Austin, of Chicago (Alice M. Bright, William H. Thigpen and Sylvia O. Decker, of counsel), for respondents-appellants.

Friedman, Armstrong and Donnelly, of Chicago (Edwin R. Armstrong, James R. Donnelly and James T. Friedman, of counsel), for petitioner-appellee.

Ira D. Schultz, of Chicago (Sidney Z. Karasik, of Chicago, of counsel), for respondent-appellee.

ALLOY, J.

The record in this cause indicates that the decedent, Rosina Merle Carr, executed a will on September 7, 1949. After her death on June 5, 1966, no last will could be located. A copy of the 1949 will was then admitted to probate on November 18, 1966, as a lost will, on a petition for probate of such will. Petitioner, one of 17 heirs of Rosina Merle Carr, thereafter filed a petition to contest the will on the theory that the 1949 will had been revoked and...

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