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05/13/88 Frederick Douglas King Et v. Vis Et Al.

May 13, 1988

FREDERICK DOUGLAS KING ET AL., PLAINTIFFS-APPELLANTS

v.

IRMA TRAVIS ET AL., DEFENDANTS-APPELLEES

PLAINTIFFS FREDERICK DOUGLAS KING AND BETTY JACKSON APPEAL THE DETERMINATION OF THE CIRCUIT COURT OF COOK COUNTY, PURSUANT TO A MOTION FOR SUMMARY JUDGMENT (ILL. RE

v.

STAT. 1985, CH. 110, PAR. 2-1005), THAT A TESTAMENTARY INSTRUMENT, EXECUTED BY THEIR NATURAL FATHER AND HIS WIFE, WAS NOT A JOINT AND MUTUAL WILL.



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

524 N.E.2d 974, 170 Ill. App. 3d 1036, 120 Ill. Dec. 792 1988.IL.743

Appeal from the Circuit Court of Cook County; the Hon. Richard L. Curry, Judge, presiding.

APPELLATE Judges:

JUSTICE LORENZ delivered the opinion of the court. SULLIVAN and MURRAY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

We affirm.

In 1971, Fred Travis and his wife, Irma Travis, together executed a duly witnessed will consisting of three pages. The will, in its entirety, is set out below:

"JOINT AND MUTUAL LAST WILL AND TESTAMENT

We, FRED TRAVIS and IRMA TRAVIS, husband and wife, each being of sound mind and memory, do hereby Make, Ordain, Publish and Declare this our Joint and Mutual Last Will and Testament, hereby revoking all former Wills and Codicils either or both of us may have made heretofore.

FIRST : I, FRED TRAVIS, hereby direct my Executrix hereinafter named pay all my just debts and funeral expenses as soon after my death as may be convenient.

SECOND : All the Rest, Residue and Remainder of my Estate, Real, Personal or Mixed, of whatever kind and wherever situated, I Give, Devise and Bequeath to my beloved wife IRMA, to Have and to Hold in Fee Simple Absolute forever, provided only that she survive me by seven (7) calendar days including the day of my death.

THIRD : In the event my beloved wife IRMA shall not survive me as aforesaid, then I Give, Devise and Bequeath all the Rest, Residue and Remainder of my Estate to FREDERICK DOUGLAS KING, of Chicago, Illinois, and to BETTY JACKSON, of Fort Wayne, Indiana, share and share alike, or to the survivor of them.

FOURTH : I hereby nominate and appoint my beloved wife IRMA Executrix of this, my Last Will and Testament, without bond or surety.

FIFTH : I, IRMA TRAVIS, hereby direct my Executor hereinafter named pay all my just debts and funeral expenses as soon ...


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