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SCHMIDT v. SCHWEAR

No. 79-525.

98 Ill. App.3d 336 (1981)

424 N.E.2d 401

VIRGIL SCHMIDT, Adm'r of the Estate of Faye Schmidt, Deceased, Plaintiff-Appellee, v. TOMMIE EARL SCHWEAR, Indiv. and as Ex'r of the Estate of Iva Corbett, Deceased, et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed July 27, 1981.

Attorney(s) appearing for the Case

Morris B. Chapman, of Chapman and Carlson, of Granite City, for appellants.

J. William Lucco, of Mudge, Riley & Lucco, of Edwardsville, for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE KASSERMAN delivered the opinion of the court:

Plaintiffs filed suit to set aside the last will and testament of Iva Corbett, executed July 21, 1977, in which she left the majority of her estate to her sister, Tommie Earl Schwear, one of the defendants. Following trial, a jury found that the July 21, 1977 instrument was not the voluntary last will and testament of the decedent. In response to a special interrogatory...

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