IN RE ESTATE OF BRINKMAN

No. 60062.

26 Ill. App.3d 780 (1975)

326 N.E.2d 167

In re ESTATE OF WALTER H. BRINKMAN, Deceased. — (IRENE R. BRINKMAN, Ex'r of the Estate of Walter H. Brinkman, Petitioner-Appellee, v. SUE LOIS MILLER et al., Respondents. — (SUE LOIS MILLER et al., Respondents-Appellants; Carthage College et al., Respondents-Appellees).)

Appellate Court of Illinois — First District (3rd Division).

February 20, 1975.


Attorney(s) appearing for the Case

Chadwell, Kayser, Ruggles, McGee & Hastings, of Chicago (Victor P. Kayser and Robert E. Nord, of counsel), for appellants Miller and Mann.

Brady, McQueen, Martin, Callahan & Collins, of Elgin (Wayne M. Jensen, of counsel), for appellants Christ the Lord Lutheran Church and Holy Trinity Evangelical Lutheran Church.

John T. Schriver, of McDermott, Will & Emery, of Chicago, for appellees.


Order affirmed.

Mr. PRESIDING JUSTICE McGLOON delivered the opinion of the court:

This case involves the interpretation of section 50 of the Probate Act (Ill. Rev. Stat. 1969, ch. 3, par. 50), entitled "Equalizing Legacies and Devises on Renunciation." The decedent died testate on December 23, 1970, leaving a surviving spouse and no descendants. The widow renounced the will. Upon petition by the executor, the circuit court of Cook County ruled that the widow...

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