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STOXEN v. STOXEN

No. 71-199.

6 Ill. App.3d 445 (1972)

285 N.E.2d 198

GENEVIEVE L. STOXEN, Plaintiff-Appellant, v. PAUL STOXEN, Executor of the Estate of ROY C. STOXEN, Deceased, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

July 11, 1972.

Attorney(s) appearing for the Case

George D. Carbary and Gene Nottolini, both of Carbary, Carbary & Chapski, of Elgin, for appellant.

Geister, Schnell, Richards & Brown, of Elgin, for appellees.

Affirmed in part; reversed in part and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

This appeal arises from an order striking the plaintiff's amended complaint for failure to state a cause of action.

Plaintiff and deceased, Roy C. Stoxen, were married in August, 1924. In November, 1949, they separated but were never divorced. On January 13, 1970, Stoxen expired leaving a will which was admitted to probate. The...

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