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Wills, Trusts & Estates Keyed to Gallanis
Ogle v. Fuiten
Citation:
466 N.E.2d 224 (Ill. 1984)Facts
Plaintiffs, James Elvin Ogle and Leland W. Ogle, initiated this action against defendants, Lorraine Fuiten, as executrix of the estate of William F. Fuiten, and Robert G. Heckenkamp, who, under the name of Heckenkamp and Fuiten, had been associated with William F. Fuiten in the practice of law. Plaintiffs alleged that William F. Fuiten had negligently drafted wills for Oscar H. Smith and Alma I. Smith, respectively an uncle and aunt of plaintiffs, and alternatively, that Fuiten failed to properly perform his contract with the Smiths to fulfill their testamentary intentions, and in so doing, failed to benefit the plaintiffs. The wills of Oscar H. Smith and Alma I. Smith contained the following provisions:
SECOND: I give, devise and bequeath all of my estate wheresoever situated to my wife, ALMA I. SMITH, if she shall survive me within thirty (30) days from the date of my death.
THIRD: I direct that if my wife, ALMA I. SMITH, and I die in or from a common disaster that my estate be equally divided between my nephews, JAMES ELVIN OGLE, and LELAND OGLE, share and share alike.
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6m 20s