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IN RE ESTATE OF PHILLIPS

No. 1-03-3685.

833 N.E.2d 895 (2005)

359 Ill. App.3d 114

295 Ill.Dec. 689

In re ESTATE OF John G. PHILLIPS, Deceased (John Klebba and Theresa Proietto, Appellants, v. Michael O'Connor, Administrator, Appellee).

Appellate Court of Illinois, First District, Fourth Division.

July 14, 2005.

Attorney(s) appearing for the Case

Novoselsky Law Offices, Chicago (David A. Novoselsky and Leslie J. Rosen, of counsel), for Appellants.

Dahl & Bonadies, Chicago (James E. Dahl and Scott W. Kummer, of counsel), for Appellee.

Presiding Justice REID delivered the opinion of the court:

The appellant, John Klebba1, appeals the trial court's order that granted summary judgment on behalf of Michael O'Connor, the administrator of John Phillips' estate. On appeal, Klebba argues that: (1) the trial court improperly applied the Dead-Man's Act (735 ILCS 5/8-201 (West 2002)) to bar his testimony and not admit a will to probate that Phillips had allegedly executed in 1987...

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