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NUPNAU v. HINK

No. 39110.

33 Ill.2d 285 (1965)

211 N.E.2d 379

ARTHUR NUPNAU et al., Appellants, v. HERMAN H. HINK, Exr., et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 18, 1965.

Attorney(s) appearing for the Case

MARSHALL PATNER, of Chicago, (JOHN HUDSON, of counsel,) for appellants.

SCHIFF HARDIN WAITE DORSCHEL & BRITTON, of Chicago, (ROBERT S. HUNT and ROBERT J. HARMON, of counsel,) for appellees.

Reversed and remanded.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

This suit to contest the will of Minna Rathje, deceased, was brought on January 17, 1962, in the superior court of Cook County, by certain beneficiaries under a prior will. The complaint was filed within the statutory nine-month period following probate, but the plaintiffs failed to include all the heirs as parties defendant. The question is whether jurisdiction ceased upon...

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