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IN RE ESTATE OF LAUSTERER

No. 36064.

21 Ill.2d 27 (1960)

170 N.E.2d 631

In re ESTATE OF WILLIAM F. LAUSTERER. — (ANNA R. LAUSTERER BROWN, EXRX., Appellant, v. ANNA R. LAUSTERER BROWN et al., Appellees.)

Supreme Court of Illinois.

Opinion filed December 1, 1960.

Attorney(s) appearing for the Case

WILLIAM J. BACH, of Bloomington, (KEITH E. FRY, of counsel,) for appellant.

KAYWIN KENNEDY, of Bloomington, for appellees Fred J. Lausterer et al.; COSTIGAN, WOLLRAB & YODER, of Bloomington, (FRED W. WOLLRAB, of counsel,) for appellee Catherine Benjamin; RICHARD T. DUNN, of Bloomington, guardian ad litem, for minor defendants-appellees; and KEITH E. CAMPBELL, of Bloomington, guardian ad litem, for persons not in being.

Cause transferred.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The executrix of the will of William F. Lausterer, deceased, commenced this action in the probate court of McLean County by filing a petition to mortgage or sell the real estate of the testator. The petition alleges that the testator died seized of the real estate in question and claims a deficiency of personal assets to pay taxes and estimated...

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