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IN RE ESTATE OF WOJTALEWICZ

No. 79-1588.

93 Ill. App.3d 1061 (1981)

418 N.E.2d 418

In re ESTATE OF VICTORIA A. WOJTALEWICZ, Deceased. — (RAY BROOKS, Ex'r of the Estate of Victoria A. Wojtalewicz, Petitioner-Appellant, v. JOHN WOITEL, Respondent-Appellee.)

Appellate Court of Illinois — First District (5th Division).

Rehearing denied March 27, 1981.

Attorney(s) appearing for the Case

Gabriel A. Kostecki, of Chicago, for appellant.

Mason D. Sullivan, of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

This appeal raises the questions of whether the conduct of a legatee in challenging the appointment of an executor of an estate violates an in terrorem clause in the testator's will, and if so, whether the clause should be enforced causing the gift of that legatee to lapse.

Victoria A. Wojtalewicz died testate and her will was admitted to probate two years subsequent to...

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