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POWELL v. WELD

No. 31957.

410 Ill. 198 (1951)

101 N.E.2d 581

CLARA POWELL et al., Appellants, v. MARY A. WELD, Exrx., Appellee.

Supreme Court of Illinois.

Rehearing denied November 19, 1951.

Attorney(s) appearing for the Case

SHELBY E. HOOD, and RAPHAEL E. YALDEN, both of Rockford, for appellants.

WILLIAMS, McCARTHY & KINLEY, of Rockford, (KARL C. WILLIAMS, and JOHN C. McCARTHY, of counsel,) for appellee.

Decree affirmed.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

This is an action brought in the circuit court of Winnebago, County by the heirs-at-law of Grace M. Weld, deceased, contesting the will of said deceased. The defendant, Mary A. Weld, is sole beneficiary under the will and is made a party defendant as executrix of the will as well as in her individual capacity.

The complaint contained two counts. The first alleged that testatrix...

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