BAILEY v. CLARK

No. 5-89-0039.

561 N.E.2d 367 (1990)

203 Ill. App.3d 1017

149 Ill.Dec. 89

John E. BAILEY, An Interested Party, Legatee and Devisee, William J. Bailey, Successor, Plaintiff-Appellant, v. Lola F. CLARK and Harold Eddie Clark, Individually and as Administrator of the Estate of Everett J. Clark, Deceased, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

September 27, 1990.


Attorney(s) appearing for the Case

Frank H. Walker, Mt. Vernon, for plaintiff-appellant.

No brief filed by defendants-appellees.


Justice CHAPMAN delivered the opinion of the court:

Everett J. Clark died March 28, 1987. A document purporting to be his last will and testament was admitted to probate March 30, 1987. Harold Clark, a nephew of the decedent, filed a petition to declare the will invalid and a motion to require formal proof of the will. After a hearing the court entered an order setting aside the original order admitting the will to probate, declaring "that there has been insufficient...

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