In Re Estate of Powers

On November 12, 1981, plaintiffs, the three minor children of decedent James Powers, Jr., filed a complaint for construction of decedent’s will to set up a trust on their behalf. A subsequent amendment to the complaint set up two additional counts. Count II alleged that plaintiff, Aaron Lemont Powers, decedent’s youngest child, was entitled to a statutory share of the estate as an after-born child according to section 4 — 10 of the Probate Act of 1975 (Ill. Rev. Stat. 1981, ch. 110½, par. 4 — 10). Count III of the amended complaint alleged that the will placed defendant, Eva H. Powers, in a…