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IN RE ESTATE OF SCOTT

No. 75-20.

39 Ill. App.3d 212 (1976)

350 N.E.2d 369

In re ESTATE OF AVIS C. SCOTT, Deceased. — (CAROL DIANE PUTNAM HERMAN, Plaintiff-Appellee, v. HARRELL C. MATHIS, Individually and as Ex'r of the Estate of Avis C. Scott, Deceased, Defendant-Appellant.)

Appellate Court of Illinois — Third District.

Rehearing denied July 20, 1976.

Attorney(s) appearing for the Case

George W. Crampton, of Rock Island (Jane Harley Pratt, of counsel), for appellant.

Joseph Ramsey, Jr., of Washington, D.C. (Robert Howard, of counsel), for appellee.

Judgment affirmed and cause remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

Avis C. Scott (decedent), died testate, a resident of Mercer County, Illinois, on March 9, 1961; her will was admitted to probate there on May 8, 1961, and defendant, her sole surviving son, was appointed executor. Petitioner is the daughter of Jack Mathis, a predeceased son of decedent; petitioner and defendant are the only heirs at law and the only testamentary beneficiaries...

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