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PERINO v. ELDERT

No. 3-90-0660.

577 N.E.2d 807 (1991)

217 Ill. App.3d 582

160 Ill.Dec. 482

Dolores D. PERINO and Wallace E. Prince, Petitioners-Appellants, v. Kristine ELDERT and the Estate of Bernice Guardalabene, Respondents-Appellees.

Appellate Court of Illinois, Third District.

August 21, 1991.

Attorney(s) appearing for the Case

Robert D. Gaubas, Robert D. Gaubas, Ltd., Peoria, for Dolores D. Perino, and Wallace E. Prince.

Jonathan T. Schlake, Bill Butts, Barrister, Ltd., Galesburg, for Bernice Guardalabene.

Justice BARRY delivered the Opinion of the court:

Dolores D. Perino and Wallace E. Prince appeal from an order of the circuit court of Knox County, Probate Division, dismissing their petition to vacate the 1988 will of Bernice Guardalabene which had been admitted to probate and to substitute the 1961 joint and mutual will of Bernice. The sole issue on appeal is whether a petition to vacate the deceased testator's most recent will was properly filed in the probate...

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