RAUCH v. RAUCH

No. 4-82-0540.

112 Ill. App.3d 198 (1983)

445 N.E.2d 77

ORA RAUCH, Plaintiff-Appellee, v. FRANK RAUCH, Indiv. and as Ex'r of the Estate of Dicie B. Rauch, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 4, 1983.


Attorney(s) appearing for the Case

William A. Sunderman, of Anderson Law Offices, of Charleston, for appellants Frank Raugh and Edna Webb.

Richard O. Erdmann, of Follmer, West & Erdmann, of Champaign, for appellant Opal Ledbetter.

Paul L. Stone, of Stone & Stone, of Sullivan, for appellee.


Judgment affirmed.

JUSTICE MILLS delivered the opinion of the court:

When is a joint will a "joint and mutual will?"

Answer: this one.

The trial court so found.

We agree — and affirm.

In 1959, Julius and Dicie Rauch jointly executed a will, leaving their property first to each other and then, after the death of the survivor of them, to their four children: Frank Rauch, Edna Webb, Opal Ledbetter, and Earl Rauch.

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