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SWENSON v. WINTERCORN

Gen. No. 67-100.

92 Ill. App.2d 88 (1968)

234 N.E.2d 91

Clifton L. Swenson, Plaintiff-Appellee, v. Ila D. Wintercorn, Individually, Ila D. Wintercorn, as Executor of a Certain Instrument Purporting To Be the Last Will and Testament of Mabel M. Banta, Deceased, and Ila D. Wintercorn, Trustee of a Certain Purported Trust, Designated as Banta Trust No. 101, Dated September 15, 1959, Defendants-Appellants, and Kenneth Revell, et al., Defendants.

Appellate Court of Illinois — Second District.

February 9, 1968.

Attorney(s) appearing for the Case

Maynard, Maynard and Brassfield, of Rockford, for appellants.

Guyer and Enichen, of Rockford, for appellee.

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

This action was brought to contest the validity of the last will and of a trust agreement, both executed by Mabel M. Banta (hereinafter referred to as Mrs. Banta) on September 15, 1959. In answer to special interrogatories, the jury found that on that date, Mrs. Banta possessed sufficient mental capacity to execute the instruments in question. However, it also found that the execution of these instruments...

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