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IN RE ESTATE OF SMITH

No. 81-2211.

107 Ill. App.3d 1038 (1982)

438 N.E.2d 553

In re ESTATE OF ALEXANDER SMITH, Deceased. — (GEORGE R. SMITH et al., Plaintiffs and Petitioners-Appellants, v. ALFRED PATERSON, a/k/a Alfred Patterson et al., Defendants and Respondents-Appellees.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed June 29, 1982.

Attorney(s) appearing for the Case

Francis B. Stine and Marvin E. Beckman, both of Chicago, for appellants.

McLaughlin, Kinser & Bryant, of Chicago (Harry L. Kinser and Edward J. McLaughlin, of counsel), for appellee George S. Lyon.

Mary Ann Hartwick, of Overholser, Flannery & Hoover, of Libertyville, for appellees Juanetta Turner, George Smith, and Janet Croonborg.

Reversed and remanded.

JUSTICE HARTMAN delivered the opinion of the court:

Alexander Smith ("Alexander" or "testator") died on July 14, 1980, leaving no children or surviving wife. His will, drawn on May 22, 1979, was admitted to probate on October 8, 1980. In supplementary proceedings, plaintiffs, certain of the testator's nieces and nephews, filed a two-count petition, the first seeking a construction of the will, and the second seeking to set aside admission...

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