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IN RE ESTATE OF TOMLINSON

Nos. 47956, 47962 cons.

65 Ill.2d 382 (1976)

359 N.E.2d 109

In re ESTATE OF JOSIE A. TOMLINSON. — (Katherine D. Shelton, Appellee, v. First National Bank of Peoria, Appellant.)

Supreme Court of Illinois.

Rehearing denied January 28, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Fred F. Herzog, First Assistant Attorney General, and Imelda R. Terrazino, Assistant Attorney General, of counsel) for the People.

D'Ancona, Pflaum, Wyatt & Riskind, of Chicago (Robert W. Gettleman and David R. Hodgman, of counsel), for appellant American Cancer Society.

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

App. ct. rev'd; cir. ct. aff'd.

MR. JUSTICE RYAN delivered the opinion of the court:

This case involves the construction of the will of Josie A. Tomlinson which was executed in 1951. She died on February 28, 1973. The will was admitted to probate in the circuit court of Peoria County. Katherine D. Shelton, who is also referred to in these proceedings as Catherine D. Shelton, is the adopted daughter of the decedent. She filed the complaint to construe the will...

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