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ALBRECHT v. BRAIS

No. 3-00-0906.

754 N.E.2d 396 (2001)

324 Ill. App.3d 188

257 Ill.Dec. 738

Adrienne ALBRECHT, as Special Adm. of the Estate of Harry C. Emhouser, Deceased, Plaintiff-Appellee, v. Marlo Jean Popp BRAIS, Defendant-Appellant (St. John United Church of Christ, and Otho Kalo Congregationalist Church, Defendants-Appellees).

Appellate Court of Illinois, Third District.

July 27, 2001.

Attorney(s) appearing for the Case

David D. Zeglis (argued), Kankakee, for Marlo Jean Popp Brais.

John J. Boyd, Robert Boyd (argued), Ackman, Marek, Boyd & Simutis, Kankakee, for Adrienne Albrecht, St. John United Church of Christ.

Christopher W. Bohlen (argued), Barmann, Kramer & Bohlen, P.C., Kankakee, for Otho Kalo Congregationalist Church.

Justice BRESLIN delivered the opinion of the court:

Plaintiff Duane J. O'Connor, as special administrator of the estate of Harry C. Emhouser (Harry), filed a complaint against defendants St. John United Church of Christ, Otho Kalo Congregationalist Church (collectively churches), and Marlo Jean Popp Brais (Brais) seeking a construction of the will to include certain farmland in the estate. The court ruled that the farmland was part of the estate, and Brais appealed...

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