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IN RE ESTATE OF CIESIOLKIEWICZ

No. 1-91-1823.

611 N.E.2d 1278 (1993)

243 Ill. App.3d 506

183 Ill.Dec. 630

In re ESTATE OF Stanley CIESIOLKIEWICZ, Deceased. (Lawrence E. CECIL, Lorelei Dorgan Elding, and Colleen Dorgan Velszquez, Petitioners-Appellants, Daniel M. CECIL, Individually and as Co-Executor of the instrument purporting to be the Last Will and Testament of Stanley Ciesiolkiewicz, Deceased, and Alfreda F. Farber, as Co-Executor of the instrument purporting to be the Last Will and Testament of Stanley Ciesiolkiewicz, Deceased, Respondents-Appellees.)

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 22, 1993.

Attorney(s) appearing for the Case

John J. Corbett, Ltd., Chicago (John J. Corbett, Scott M. Annes, of counsel), for petitioners-appellants.

Jenner & Block, Chicago, (Gregory S. Gallopoulos, of counsel), Kamensky & Rubinstein, Lincolnwood (Benton C. Strauss, of counsel), for respondents-appellees.

Justice SCARIANO delivered the opinion of the court:

Petitioners, the sole heirs at law besides co-respondent Daniel M. Cecil (Daniel), brought this action to contest the validity of the last will and testament of the decedent, Stanley Ciesiolkiewicz. Count I of the petition alleges that decedent lacked the testamentary capacity to execute the will. Count II claims that the will is invalid because Daniel, decedent's nephew, the sole beneficiary and co-executor under...

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