Vogel v. Katz

Ferdinand Vogel, as brother and sole heir of Selma Fischer, deceased, filed a petition to set aside the order admitting her will to probate, on the ground that he had not been given legal notice of the hearing thereon. After a hearing on Vogel’s petition, the executor moved for its dismissal at the close of the petitioner’s case, the motion was allowed, and the petition was dismissed. This appeal followed.

In arguing for affirmance the executor takes the position that all necessary notice was given to petitioner by publication in accordance with Sections 63 and 64 of the Probate Act. 1 Ill Rev…