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IN RE ESTATE OF SPAITS

No. 82-405.

117 Ill. App.3d 142 (1983)

453 N.E.2d 39

In re ESTATE OF NELLIE PEARL SPAITS, Deceased — (Flossie Kinsel et al., Petitioners-Appellants, v. Hazel Darlene LeFever, Respondent-Appellee (The First National Bank in Newton, Appellee)).

Appellate Court of Illinois — Fifth District.

Opinion filed August 15, 1983.

Attorney(s) appearing for the Case

Baird, Latendresse, McCarthy & Rowden, of Decatur, for appellants.

Lawrence Eaton, of Eaton, Eaton & Tomaw, of Newton, for appellee Hazel Darlene LeFever.

Daniel E. Hartigan, of Leffler & Hartigan, of Newton, for appellee First National Bank in Newton, Illinois.

Order affirmed.

JUSTICE JONES delivered the opinion of the court:

The petitioners appeal from an order of the circuit court of Jasper County that denied their motion to file an amended petition to contest a will and granted the executor's motion to dismiss the petition to contest the will. The only issue on appeal is whether the failure to make the executor of an estate a party to a will contest proceeding prior to the expiration of the statutory six-month...

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