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In re Last Will Testament of McClary v. Berry

Appellate Court of Illinois
Feb 14, 1941
308 Ill. App. 668 (Ill. App. Ct. 1941)

Opinion

Gen. No. 9,609. (Abstract of Decision.)

Opinion filed February 14, 1941

ESTATES OF DECEDENTS, § 36executrix' delay in seeking appointment, excuse. Trial court properly revoked letters issued to public administrator and granted letters to executrix, where it appeared that her delay in seeking to have will admitted to probate was caused by an attempt to locate a certain heir, and because of the illness of executrix' attorney, and both former and present statutes gave court discretion for good cause shown to disregard failure to secure order to probate a will within time specified (Ill. Rev. Stat. 1939, ch. 3, § 214; Jones Ill. Stats. Ann. 110.311).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of LaSalle county; Hon. LOUIS A. ZEARING, presiding.

Affirmed. Heard in this court at October term, 1940.

Harold A. Butters, Andrew J. O'Connor and John H. Armstrong, for appellants;

W.I. Hibbs, for appellee.


"Not to be published in full." Opinion filed February 14, 1941.


Summaries of

In re Last Will Testament of McClary v. Berry

Appellate Court of Illinois
Feb 14, 1941
308 Ill. App. 668 (Ill. App. Ct. 1941)
Case details for

In re Last Will Testament of McClary v. Berry

Case Details

Full title:In re Last Will and Testament of Edward C. McClary, Deceased (Pearl M…

Court:Appellate Court of Illinois

Date published: Feb 14, 1941

Citations

308 Ill. App. 668 (Ill. App. Ct. 1941)
32 N.E.2d 316