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IN RE ESTATE OF SCHWEBEL

No. 5-84-0430.

133 Ill. App.3d 777 (1985)

479 N.E.2d 500

In re ESTATE OF HERMAN SCHWEBEL, Deceased (Herman Winter et al., Plaintiffs-Appellees, v. Phillip Sheets et al., Defendants-Appellants).

Appellate Court of Illinois — Fifth District.

Opinion filed May 30, 1985.

Attorney(s) appearing for the Case

William R. Hotto, of Hotto & Dusek, of Fairview Heights, for appellants.

Robert J. Sprague, of Sprague, Sprague & Ysursa, and Roza Gossage, of Hutnick & Gossage, both of Belleville, for appellees.

Judgment affirmed.

JUSTICE WELCH delivered the opinion of the court:

This action commenced with the filing for probate of the September 19, 1980, will of Herman Schwebel in the circuit court of St. Clair County by defendant Phillip Sheets. Plaintiffs filed their petition seeking that the 1980 will be declared inoperative in light of an alleged joint and mutual will executed in 1960 by Herman Schwebel and his brother Ralph. After evidentiary hearings, the trial...

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