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IN RE ESTATE OF SMITH

No. 1-95-3248.

668 N.E.2d 102 (1996)

282 Ill. App.3d 389

217 Ill.Dec. 917

In re the ESTATE OF Ethel Polk SMITH, Deceased (J. LeVelle Williams, Heir, Petitioner-Appellant, v. Ann Y. Koontz, Independent Administrator With The Will Annexed, Respondent-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

June 27, 1996.

Attorney(s) appearing for the Case

Robert C. Power, Chicago, for Appellant.

Morris R. Saunders and Beth D. Krasnow, of Levin & Ginsburg Ltd., Chicago, for Appellee.

Justice CAHILL delivered the opinion of the court:

J. LeVelle Williams appeals from the trial court's order admitting the will of her aunt, Ethel Polk Smith, to probate. She contends the will was not properly executed. We consider whether the testimony of one of three witnesses to a will can overcome the presumption of validity created by a proper attestation of the other two. The testimony of the third witness in this case called into question only his own participation...

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