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MALONE v. MALONE

Gen. No. 47,711.

26 Ill. App.2d 291 (1960)

167 N.E.2d 703

Wilfred J. Malone, Plaintiff-Appellant, v. William Haynes Malone II and Peter Grimm Malone, Administrators With the Will Annexed, de bonis non, of the Estate of William H. Malone, Deceased, and Executors Under the Will of Hilda Malone, Deceased, Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied June 27, 1960.

Attorney(s) appearing for the Case

King, Robin, Gale, and Pillinger, of Chicago (Willard L. King and J. William Braithwaite, of counsel) for appellant.

Thomas C. Bradley, of Chicago (Warren L. Swanson, of counsel) for appellees.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

Plaintiff, Wilfred J. Malone, contests the validity of the will of his deceased father, William H. Malone. The sole defendant was the widow, Hilda Malone, now deceased. The issues were lack of testamentary capacity of William Malone and undue influence by the widow. At the close of plaintiff's evidence, the court directed a verdict for defendant on both...

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