WISZOWATY v. BAUMGARD

No. 1-92-1989.

629 N.E.2d 624 (1994)

257 Ill. App.3d 812

196 Ill.Dec. 79

Donette WISZOWATY and Celine Stachura, Plaintiffs-Appellants, v. Jerrold BAUMGARD, Nelli Rahow, Alla Swiek, Jarislaw Mytko and Jane Flaszka Mytko, individually, and Jerrold Baumgard as Executor of the Instrument purported the Last Will and Testament of Helene Jensen, deceased, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

January 26, 1994.


Attorney(s) appearing for the Case

Mitchell C. Ex, Kessler & Ex, Chicago, for Donette Wiszowaty.

Ben Myers, Myers & Assoc., Chicago, for Jerrold Baumgard.


Justice GREIMAN delivered the opinion of the court:

Plaintiffs Donette Wiszowaty and Celine Stachura appeal the trial court's order granting summary judgment to defendant Jerrold Baumgard, the executor and principal beneficiary, in an action to set aside a will.

On appeal plaintiffs assert that summary judgment was improper because the evidence raised triable questions of fact regarding the decedent's testamentary capacity at the time she signed the will and...

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