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IN RE ESTATE OF FORREST

No. 3-98-0454.

706 N.E.2d 1043 (1999)

In re ESTATE OF Donald Charles FORREST (Estate of Donald Charles Forrest, Decedent, Petitioner-Appellee, v. Catherine Dagenais, Defendant-Appellant).

Appellate Court of Illinois, Third District.

January 22, 1999.

Attorney(s) appearing for the Case

Daniel R. Fusco, Ronald D. Menna (argued), Rock, Fusco & Garvey, Ltd., Chicago, for Catherine Dagenais.

Melvin A. Weinstein (argued), Michael Simkin, Melvin A. Weinstein & Associates, Chicago, for Nanette Forrest.

James S. Wirt (argued), James S. Wirt & Associates, New Lenox, for Roseann Forrest.

Ford C. June, June, Prodehl & Renzi, Joliet, for Estate of Donald Charles Forrest.

Justice BRESLIN delivered the opinion of the court:

Under section 4-7(b) of the Probate Act of 1975 (Act) (755 ILCS 5/1-1 et seq. (West 1996)), the disposition of property to a spouse is unequivocally revoked upon dissolution of marriage or annulment. We are asked to determine whether this "revocation by divorce" provision applies to a testamentary disposition to a divorced spouse even though the testator executed his will prior to the marriage. Applying the...

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