ESTATE OF MALCOLM

No. 1-91-1824.

602 N.E.2d 41 (1992)

234 Ill. App.3d 962

176 Ill.Dec. 734

ESTATE OF Vera MALCOLM, Deceased (James Bailey, Daniel Bailey, and Michael Bailey, Plaintiffs-Appellants, v. John E. Dvorak, Executor of the Estate of Vera Malcolm, Deceased, Eric Vesely, William J. Severa, Gloria Knoftz, Emanuel Malkin, Doris Wolf, Mary Suffi, Michael Kane, a Minor, Ryan Kane, a Minor, Mary Kane, a Minor, the Showmen's League of America, an Illinois not-for-profit corporation and Hinsdale Hospital, an Illinois not-forprofit corporation, Defendants-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

September 11, 1992.


Attorney(s) appearing for the Case

Thomas Bucaro, Chicago, for plaintiffs-appellants.

Vincent J. Pascucci of Pascucci & Associates, Chicago, for defendants-appellees.


Presiding Justice EGAN delivered the opinion of the court:

The plaintiffs, James Bailey, Daniel Bailey and Michael Bailey, appeal from an order dismissing their petition to contest a will. The sole issue is whether they had standing to contest the will.

Vera Malcolm died on November 26, 1989. In the two years before her death, she allegedly executed three separate wills. The plaintiffs are not heirs of the decedent but were legatees under all three wills....

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