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MILLER v. O'NEIL

No. 76-50.

47 Ill. App.3d 340 (1977)

361 N.E.2d 1165

JEANETTE MILLER, Plaintiff-Appellee, v. EMMA O'NEIL et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed April 7, 1977.

Attorney(s) appearing for the Case

James G. Madden and John Korf, both of Freeport, for appellants.

Kroeger, Burt & DeMik, of Freeport, for appellee.

Reversed and remanded.

Mr. JUSTICE GUILD delivered the opinion of the court:

Jeanette Miller, the widow of Frederick S. Miller, grandson of Ira Miller, filed the instant declaratory judgment action to construe the will of Ira Miller. The trial court granted plaintiff's motion for judgment on the pleadings and held that part of the will was void and that Ira Miller devised to the grandson, Frederick S. Miller, a fee simple remainder in the real estate involved...

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