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IN RE ESTATE OF DALTON

No. 46518.

60 Ill.2d 451 (1975)

328 N.E.2d 257

In re ESTATE OF EARL C. DALTON. — (Donald E. Dalton et al., Appellants, v. Bessie Holt Shaffner et al., Appellees.)

Supreme Court of Illinois.

Rehearing denied May 29, 1975.

Attorney(s) appearing for the Case

Burrell Barash and Robert C. Stoerzbach, of Barash & Stoerzbach, and Richard J. Neagle, Jr., of Stuart, Neagle & West, all of Galesburg, for appellants.

Donald C. Woolsey, of Galesburg, and Davis, Morgan & Witherell, of Peoria (Robert H. Miller, of counsel), for appellees.

Reversed and remanded.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This is a contest between legatees and devisees under the will of Earl C. Dalton on the one hand, and the heirs of his surviving spouse, Rose Dalton, on the other. The circuit court found for the heirs of the surviving spouse. The Appellate Court, Third District, affirmed with one judge dissenting (16 Ill.App.3d 186), and we allowed leave...

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