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IN RE ESTATE OF NICHOLS

No. 4-89-0178.

188 Ill. App.3d 724 (1989)

544 N.E.2d 430

In re ESTATE OF MARY NICHOLS, Deceased (Beatrice Ferguson, Plaintiff-Appellant v. Emily Rose Zeller, Indiv. and as Ex'r of the purported will of Mary Nichols, et al., Defendants-Appellees).

Appellate Court of Illinois — Fourth District.

Opinion filed September 14, 1989.

Attorney(s) appearing for the Case

Barber, Segatto, Hoffee & Hines, of Springfield (Barry O. Hines and Bernard G. Segatto III, of counsel), for appellant.

Bellatti, Fay, Bellatti, Beard & Carpenter, of Jacksonville (Eddie Carpenter, of counsel), for appellees James W. Ferguson and Emily Rose Zeller.

Harry G. Story, of Jacksonville, for appellee Emily Rose Zeller as executor of the will of Mary Nichols.

Brown, Hay & Stephens, of Springfield (Eric L. Grenzebach and Denise M. Druhot, of counsel), for appellees Charles S. Ferguson and Rosemary Fellhauer.

Affirmed in part, and reversed in part and remanded.

JUSTICE STEIGMANN delivered the opinion of the court:

The primary issue this appeal presents is whether a person who continues her long-term residence in a home which she inherits under a will is estopped from contesting the provisions of that will. We hold she is not.

Mary Nichols (decedent) died on January 6, 1987. In her will she left to Beatrice Ferguson, her daughter and the plaintiff in this...

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