Woitynek v. Franken
Illinois Supreme Court
Appeal from the Probate Court of LaSalle county; the Hon. Richard D. Miles, Judge, presiding.
1Opinion of the CourtJustice Dunn
Julia Koscholik Franken died in 1913, leaving a husband surviving her and two brothers, with several nephews and nieces, as her heirs. She left a will, and her executor filed a petition to the November term, 1920, of the probate court of LaSalle county to sell lot 2 in block 71 in the city of LaSalle, except coal and mining rights, for the payment of the debts, legacies and costs of administration. The lot had been the homestead of the testatrix and her husband. The latter renounced the will. He continued in possession .of the homestead, but having acquired a new homestead in 1918 his…
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