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FRYE v. MASSIE

No. 82-464.

115 Ill. App.3d 48 (1983)

450 N.E.2d 411

MARY E. FRYE, Ex'r of the Estate of Ella Wells, Deceased, Petitioner-Appellee, v. ANNA MASSIE et al., Respondents-Appellants — (Harold Wells et al., Respondents-Appellees).

Appellate Court of Illinois — Fifth District.

Opinion filed May 11, 1983.

Attorney(s) appearing for the Case

Wesley J. Coulson, of Brazitis, Burke & Coulson, of Olney, for appellants.

Feiger, Quindry, Molt, Harvey, Fyie & Hawkins, of Fairfield (Morris Lane Harvey, of counsel), for appellee Mary E. Frye.

Alice M. Jordan, of Fairfield, for appellee Elmo Wells.

No brief filed for Kimberly Billington.

Appeal dismissed.

JUSTICE JONES delivered the opinion of the court:

This appeal involves an order entered in a proceeding to perpetuate testimony under Supreme Court Rule 217 (73 Ill.2d R. 217). Petitioner Ella Wells initiated the proceeding in question to preserve her testimony regarding certain lawsuits she anticipated would be filed after her death, among them a contest of her will and a suit charging one of her daughters, Mary Frye, with maliciously interfering...

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