IN RE ESTATE OF BABCOCK

No. 3-83-0046.

119 Ill. App.3d 482 (1983)

456 N.E.2d 671

In re ESTATE OF HELEN N. BABCOCK, Deceased — (Russell Babcock, Petitioner-Appellee, v. Shirley J. McDonnell et al., Respondents-Appellants).

Appellate Court of Illinois — Third District.

Opinion filed November 9, 1983.


Attorney(s) appearing for the Case

Ralph Froehling, of Froehling, Taylor & Weber, of Canton, for appellants.

Tom Ewing, of Proctor & Ewing, of Lewistown, for appellee.


Reversed and remanded.

JUSTICE ALLOY delivered the opinion of the court:

The circuit court in this case admitted to probate a copy of Helen Babcock's June 18, 1970, last will and testament, as her last will and testament. In so doing, the court concluded that the presumption of revocation, arising from nonproduction of the original, had been overcome by proof from petitioner Russell Babcock. Respondents Shirley McDonnell and Norman Keane appeal from the judgment...

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