IN RE ESTATE OF HENKE

No. 5-89-0476.

561 N.E.2d 314 (1990)

203 Ill. App.3d 975

149 Ill.Dec. 36

In re ESTATE OF Louise HENKE, Deceased Lonnie Henke and Ricky Henke, Petitioners-Appellants, v. Arlene Calvin, Individually, and as Executrix of the Will of Louise Henke, Respondent-Appellee).

Appellate Court of Illinois, Fifth District.

September 24, 1990.


Attorney(s) appearing for the Case

David M. Fahrenkamp, Edwardsville, for petitioners-appellants.

Robert H. Gregory, Cox & Gregory, East Alton, for respondent-appellee.


Justice HOWERTON delivered the opinion of the court:

This is a will contest.

Petitioners charge undue influence.

The circuit court of Madison County ruled in a bench trial, and at the close of petitioners' case, that a prima facie case of undue influence had been established; however, after all the evidence had been received and considered, the court found that petitioners had failed to sustain their burden of proving undue influence and entered...

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