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WEISS v. WEISS

Nos. 82-455, 82-648 cons.

113 Ill. App.3d 793 (1983)

447 N.E.2d 437

RICHARD E. WEISS et al., Objectors-Appellants, v. DOROTHY M. WEISS, Ex'r of the Last Will and Codicil of Emil F. Weiss, Deceased, Respondent-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed March 15, 1983.

Attorney(s) appearing for the Case

William C. Murphy and Patrick M. Flaherty, both of Reid, Ochsenschlager, Murphy & Hupp, of Aurora, for appellants.

Oliver S. DeBartolo, of DeBartolo & DeBartolo, Stuart L. Whitt, and Matthews, Dean, Eichmeier, Simantz & Hem, P.C., all of Aurora, for appellee.

Judgments affirmed.

JUSTICE UNVERZAGT delivered the opinion of the court:

Emil F. Weiss died testate; a codicil to his will named his daughter, Dorothy M. Weiss, executor. Emil's will devised and bequeathed all of his real and personal property in equal shares to his four children: Dorothy, Richard and Robert, and Marilyn Nowak. The codicil empowered Dorothy, as executor, without order of court:

"...

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