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WHITE v. RAINES

No. 5-90-0173.

574 N.E.2d 272 (1991)

215 Ill. App.3d 49

158 Ill.Dec. 478

Nancy WHITE, as Executor of the Estate of Juel Clark, Deceased, Plaintiff-Appellee, v. Tommie RAINES, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 20, 1991.

Attorney(s) appearing for the Case

W.A. Armstrong, Mitchell & Armstrong, Ltd., Marion, for defendant-appellant.

Patrick J. Hewson, Edward J. Heller, Reed, Heller & Mansfield, Murphysboro, for plaintiff-appellee.

Justice LEWIS delivered the opinion of the court:

The plaintiff, Nancy White, as executor of the estate of Juel Clark, deceased, brought an action in two counts to recover assets from the defendant, Tommie Raines. She alleged in the first count that the defendant had exerted undue influence upon the decedent and in the second count that the decedent had lacked the mental capacity to conduct his affairs. Following a bench...

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