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IN RE ESTATE OF MILLER

No. 2-88-1264.

189 Ill. App.3d 171 (1989)

544 N.E.2d 1279

In re ESTATE OF JOHN H. MILLER, Deceased (John L. Miller, Plaintiff-Appellant, v. Charles J. Miller, Defendant-Appellee).

Appellate Court of Illinois — Second District.

Opinion filed October 2, 1989.

Attorney(s) appearing for the Case

Richard T. Wimmer, of Klein, Thorpe & Jenkins, Ltd., of Chicago (J. Scott Perry, of Downers Grove, and David A. Izzo, of counsel), for appellant.

William J. Connell, of Elmwood Park, for appellee.

Judgment affirmed.

JUSTICE DUNN delivered the opinion of the court:

Plaintiff, John L. Miller, filed a petition to contest the will of his father, John H. Miller, that was admitted to probate. Decedent's other son, Charles Miller, defendant, is executor. Plaintiff alleged (1) decedent was not of sound mind and memory when he signed the will; and (2) defendant asserted undue influence over decedent. Plaintiff's motion for a directed verdict at the close of...

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