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02/24/87 In Re Estate of John P. Tobin (Helen D. Willard

February 24, 1987

IN RE ESTATE OF JOHN P. TOBIN (HELEN D. WILLARD,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Petitioner, v., Robert E. Denny et al., Respondents

(Town and Country Bank of Springfield as

Administrator, et al.,

Respondents-Appellees; James Dodge

et al.,

Respondents-Appellants))

505 N.E.2d 17, 152 Ill. App. 3d 965, 105 Ill. Dec. 891 1987.IL.227

Appeal from the Circuit Court of Sangamon County; the Hon. James P. Fox, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE SPITZ delivered the opinion of the court. GREEN and McCULLOUGH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

Decedent, John P. Tobin, died on August 10, 1967. On September 1, 1967, a will dated July 19, 1967, was filed in the circuit court of Sangamon County. The will left decedent's entire estate to Robert E. Denny. On September 1, 1967, a petition for probate of will for letters of administration with will annexed was filed by Robert E. Denny seeking admission of the will to probate and issuance of letters of administration in petitioner's name.

Notice of the hearing on this petition was mailed to the heirs, legatees and devisees listed on the petition. Notice was not mailed to Helen D. Willard, a niece of decedent. Helen Willard was not listed as an heir in the original petition nor was she named as an heir in testimony concerning heirship held on October 19, 1967.

The will was admitted to probate on September 28, 1967. Robert E. Denny was appointed as administrator. The estate was settled and the ...


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