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FORYS v. BARTNICKI

No. 81-580.

107 Ill. App.3d 396 (1982)

437 N.E.2d 706

ANTHONY FORYS et al., Plaintiffs-Appellants, v. LAWRENCE BARTNICKI, Indiv. and as Ex'r of the Last Will of Eva Filipski, Deceased, Defendant-Appellant. — (BENEDICT RYTERSKI et al., Defendants-Appellees.)

Appellate Court of Illinois — Fifth District.

Opinion filed May 26, 1982.

Attorney(s) appearing for the Case

John J. Kurowski, of Gomric and Kurowski, P.C., of Belleville, for appellant Anthony Forys.

Carl Kohnen and Richard Wier, both of Florissant, Missouri, for appellant Leo Lazarz.

Clarence DeMoss, of Hohlt, House, DeMoss & Johnson, of Nashville, for appellant Lawrence Bartnicki.

Stephen C. Busser, of Columbia, for appellees.

Reversed and remanded.

JUSTICE JONES delivered the opinion of the court:

This appeal stems from a will contest proceeding brought by two of decedent Eva Filipski's heirs to challenge the validity of her will. After the jury had returned its verdict invalidating the will and judgment had been entered thereon, but while a post-trial motion was pending, plaintiffs filed a motion to dismiss the proceeding, alleging that plaintiffs' suit to set aside the will had...

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