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DOBLIN v. ALLISON

No. 80-146.

92 Ill. App.3d 942 (1981)

416 N.E.2d 399

MARVIN H. DOBLIN, Ex'r of the Will of Ruth E. Allison, Deceased, Plaintiff-Appellee, v. THOMAS L. ALLISON, Defendant-Appellant. — (THOMAS E. ALLISON et al., Defendants-Appellees.)

Appellate Court of Illinois — Third District.

Opinion filed January 30, 1981.

Attorney(s) appearing for the Case

L. Willard Nelson and James Tusek, both of Nelson, Kilgus & Richey, of Morrison (T.W. Nelson, of counsel), for appellant.

Robert H. Potter, of Morrison, for appellees.

Judgment reversed.

Mr. JUSTICE HEIPLE delivered the opinion of the court:

This appeal arises from a declaratory judgment suit brought to construe an alleged latent ambiguity in a will. The litigation cuts across three generations of a family. The grandmother is the decedent and testator. Her son and grandson are the opposing interests. They are also the sole surviving heirs. At issue is a farm in Whiteside County...

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