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KUSTER v. SCHAUMBURG

No. 4-95-0091.

658 N.E.2d 462 (1995)

276 Ill.App.3d 220

212 Ill.Dec. 980

Roy KUSTER, Plaintiff-Appellant, v. Joan SCHAUMBURG, Brian Schaumburg and Richard J. Dalton, Individually and as Co-Executors and Trustees of the Instrument purporting to be the last Will and Testament of Raymond Jacobs, Deceased, also known as Raymond William Jacobs, Viola Kiper, Floyd Kiper, Edward Kiper, Cheryl Kiper Myers, Gladys Kiper White, Terry Keen, Gary Keen, Gerry Keen, Michael Keen, Donna Keen Blankenship, Marlene Keen Long, Rhonda Keen Kimberly, Betty Phillis, Larry Phillis, Linda Phillis Mayo, David Phillis, Nancy Jean Phillis Pool, Margaret Campbell, Mark Campbell, Carol Campbell Tasker, Mary Campbell Schenkel, Leslie Campbell, Loralee Dawn Campbell, Lena Moore, Dolly May Phillis Gill, Trinity Lutheran Church of Chenoa, IL., Gary Kuster, Vickie Kuster Smith, Dana Kuster, Steven Kuster, Joy Kuster Coriell, Kim Kuster and Randall Kuster, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided October 31, 1995.

Rehearing Denied January 5, 1996.

Attorney(s) appearing for the Case

Edward Zukosky, argued, Wenona, William C. Zukosky, Urbana, for Roy Kuster.

James P. Ginzkey, argued, Hayes, Hammer, Miles, Cox & Ginzkey, Bloomington, for Joan Schaumburg Co-Executor.

Justice COOK delivered the opinion of the court:

Raymond Jacobs died testate in May 1991, leaving an estate worth an estimated $1.6 million. Plaintiff Roy Kuster, his nephew, brought this action contesting the testator's last will, alleging (1) that the testator lacked the requisite capacity, (2) that the will was not properly witnessed by two credible witnesses, and (3) that will was the product of undue influence. The jury found for the proponents of the will, and...

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