IN RE ESTATE OF TOMLINSON

No. 74-371.

30 Ill. App.3d 502 (1975)

333 N.E.2d 663

In re ESTATE OF JOSIE A. TOMLINSON, Deceased. — (KATHERINE D. SHELTON, Petitioner-Appellant, v. FIRST NATIONAL BANK OF PEORIA, Ex'r of the Estate of Josie A. Tomlinson, Deceased, et al., Respondents. — (AMERICAN CANCER SOCIETY, Respondent-Appellee.))

Appellate Court of Illinois — Third District.

July 25, 1975.


Attorney(s) appearing for the Case

McConnell, Kennedy, Quinn & Morris, of Peoria (Richard N. Gentry, Jr., of counsel), for appellant.

D'Ancona, Pflaum, Wyatt & Riskind, of Chicago (Robert W. Gettleman, of counsel), for appellee.


Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

Petitioner, Katherine Shelton (formerly Katherine South), appeals from a decree construing a gift to the "Cancer Research Fund" in the residuary clause of the will of Josie Tomlinson, a/k/a Josie Awick, as intending a bequest to the Illinois Division Inc., of the American Cancer Society (hereinafter called "Cancer Society"). It having been stipulated by the parties that there is not...

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