DUBIN v. WISE

No. 61584.

41 Ill. App.3d 132 (1976)

354 N.E.2d 403

SHIRLEY DUBIN et al., Co-executors of the Estate of Ann Wise, Deceased, et al., Plaintiffs-Appellees, Cross-Appellants, v. HARVEY R. WISE et al., Defendants-Appellants, Cross-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied September 27, 1976.


Attorney(s) appearing for the Case

Jay A. Canel and James H. Canel, both of Chicago (Canel & Canel, of counsel), for appellants.

Edward S. Silber, Dennis M. Wilson, and Larry Selander, all of Chicago (Price, Cushman, Keck, Mahin & Cate, of counsel), for appellees.


Order affirmed.

Mr. JUSTICE HAYES delivered the opinion of the court:

On 20 December 1935, Harry H. Wise and Anna Tuckman entered into an antenuptial agreement. Both had been married previously; and, during their respective prior marriages, both had children who were still living. The pertinent paragraph of this antenuptial agreement provided:

"IT IS AGREED that the said HARRY H. WISE will, by will or other testamentary disposition, cause to be delivered...

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