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IN RE ESTATE OF HOWELL

No. 5-06-0224.

867 N.E.2d 559 (2007)

In re ESTATE OF Fred W. HOWELL, Deceased. (Tina Quick and Stephen A. Quick, Petitioners-Appellants, v. Danny Thomas Howell, Executor, Respondent-Appellee).

Appellate Court of Illinois, Fifth District.

April 26, 2007.

Attorney(s) appearing for the Case

Henry P. Villani, Villani & Villani, Mt. Vernon, for Appellants.

Jennifer W. Price, Wham & Wham, Centralia, for Appellee.

Presiding Justice WELCH delivered the opinion of the court:

The petitioners, Tina Quick and Stephen A. Quick, appeal from the dismissal with prejudice by the circuit court of Washington County of their petition to contest the will of Tina's father, Fred W. Howell. The circuit court dismissed the petition on the ground that service had not been timely made upon the executor of the estate. For reasons that follow, we reverse the dismissal with prejudice and remand for...

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