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IN RE ESTATE OF BERRY

No. 4-87-0730.

170 Ill. App.3d 454 (1988)

524 N.E.2d 689

In re ESTATE OF MALISSA M. BERRY, Deceased (John Berry et al., Petitioners-Appellants, v. Tessie Warnes et al., Respondents-Appellees).

Appellate Court of Illinois — Fourth District.

Opinion filed May 26, 1988.

Attorney(s) appearing for the Case

Jerome P. Lyke, of Hatch, Blockman, McPheters, Fehrenbacher & Lyke, of Champaign, for appellants.

William A. Sunderman and Brian L. Bower, both of Brainard, Bower & Kramer, of Charleston, for appellees.

Reversed and remanded.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

On February 19, 1985, petitioners John Berry and C.E. Berry filed a petition in the circuit court of Douglas County contesting the validity of the codicil to a will of Malissa M. Berry. The codicil and the will had been admitted to probate on June 19, 1984. The petition was based on allegations the decedent lacked testamentary...

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