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IN RE ESTATE OF LEMKE

No. 5-89-0167.

561 N.E.2d 350 (1990)

203 Ill. App.3d 999

149 Ill.Dec. 72

In re ESTATE OF Leola C. LEMKE, Deceased Claude Little and Joan Little, Petitioners-Appellants, v. Lola Mae BEHNKE, individually and as Executor of the purported Last Will and Testament of Leola C. Lemke, Deceased, et al., Respondents-Appellees.

Appellate Court of Illinois, Fifth District.

September 26, 1990.

Attorney(s) appearing for the Case

Stephen M. Osborne, Hohlt, House, DeMoss & Johnson, Nashville, for petitioners-appellants.

David R. Smith, Nehrt, Sachtleben, Fisher & Smith, Chester, for respondents-appellees.

Justice CHAPMAN delivered the opinion of the court:

Leola Lemke died October 24, 1987. Claude and Joan Little filed a petition seeking: (I) to set aside decedent's purported last will and testament dated October 23, 1987; and (II) to set aside a quitclaim deed from the decedent to Lola Behnke, dated October 22, 1987. Petitioners alleged that Lola Behnke exerted undue influence upon Leola Lemke which resulted in the preparation and execution of the will and deed.<...

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