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IN RE ESTATE OF SMITH

No. 14977.

68 Ill. App.3d 30 (1979)

385 N.E.2d 363

In re ESTATE OF ALMA I. SMITH, Deceased. — (PAUL D. OGLE et al., Plaintiffs-Appellees and Cross-Appellants, v. JAMES ELVIN OGLE, Indiv. and as Ex'r under the Will of Alma I. Smith, et al., Defendants-Appellants and Cross-Appellees. — In re ESTATE OF OSCAR H. SMITH, Deceased. — (PAUL D. OGLE et al., Plaintiffs-Appellees and Cross-Appellants, v. JAMES ELVIN OGLE, Indiv. and as Ex'r under the Will of Oscar H. Smith, et al., Defendants-Appellants and Cross-Appellees.)

Appellate Court of Illinois — Fourth District.

Rehearing denied February 21, 1979.

Attorney(s) appearing for the Case

Bellatti, Fay, Bellatti & Bone, of Jacksonville, and Robert M. Bellatti, of Springfield, both for appellants.

Carl O. Hoffee, of Barber & Barber, of Springfield, for appellees.

Judgment affirmed.

Mr. JUSTICE MILLS delivered the opinion of the court:

Will construction.

The court below — on the pleadings — found that the provisions of the will did not cover the events that occurred and that the laws of intestacy must govern.

The trial judge was correct.

We affirm.

Oscar Smith died suddenly of a stroke on April 10, 1977, and his wife, Alma, died 15 days later from a lingering cancer illness...

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