In Re Estate of Carlson

Mr. Presiding Justice Friend

delivered the opinion of the court.

This matter was heard de novo in the circuit court on appeal from the probate court of Cook county, upon the petition of Eleanor M. Kiley and Edward J. Kiley, guardian of the estate of Alan H. Kiley, a minor, and the amended answer of Clifford Newman, executor of the estate of Emil W. Carlson, deceased.

The petition alleged that Carlson died on January 20,1951, leaving a last will which was admitted to probate by the probate court of Cook county on March 23, 1951; that in paragraph 21 thereof the testator devised to Eleanor Kiley…