Hempen v. Gillen

Mr. Presiding Justice Fulton

delivered the opinion of the court.

This is an appeal from a judgment of the circuit court of DeWitt county. The action is based on a claim filed by Fred J. Hempen, executor of the last will and testament of James Gillen, deceased, in the county court of DeWitt and against the estate of Peter Joseph Gillen, deceased. The claim was disallowed in the county court and an appeal was heard in the circuit court where an order was entered denying the claim. There were, of course, no written pleadings in the case.

The facts in the case are not seriously in dispute and in the…