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MATTER OF ESTATE OF MAYFIELD

No. 4-96-0685.

680 N.E.2d 784 (1997)

288 Ill. App.3d 534

223 Ill.Dec. 834

In the Matter of the ESTATE OF Mayme R. MAYFIELD, Deceased, Charles William Mayfield, Johnathan H. Mayfield, Georgia Garrison, and Cynthia E. Mayfield, Petitioners-Appellants, v. ESTATE OF Mayme R. MAYFIELD, Deceased, Jean M. Smith, Executor of the Estate of Mayme R. Mayfield, Deceased, and Jean M. Smith, Individually, Respondents-Appellees.

Appellate Court of Illinois, Fourth District.

Decided June 2, 1997.

Attorney(s) appearing for the Case

Timothy D. Sturm, argued, Sturm & Germeraad, Springfield, Robert A. Stuart, Jr., argued, Randal J. Kaltenmark, Brown, Hay & Stephens, Springfield, for Charles William Mayfield.

Charles H. Delano, III, David A. Stjern, argued, Delano Law Offices, P.C., Springfield, Jean M. Smith, Springfield, for Jean M. Smith, Executor.

Justice COOK delivered the opinion of the court:

The question in this case is whether petitioners, the children of Charles W. Mayfield, are bound by Charles' agreement not to contest his mother's will. Charles entered into that agreement in 1963, during the administration of his father's estate. Petitioners argue (1) Charles had no power to bind them by the agreement, and (2) by its terms, the agreement did not prevent them from contesting the will. The trial court...

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