Herbolsheimer v. Herbolsheimer

The circuit court of Bureau County dismissed an amended complaint which sought to set aside a will, and the Appellate Court, Third District, affirmed, one judge dissenting. (20 Ill. App. 3d 206.) We granted leave to appeal.

The plaintiffs are Roger Herbolsheimer and Helen Weiland, two of the heirs-at-law. The defendants are Arthur J. Herbolsheimer and Frank Herbolsheimer, who are the other two heirs-at-law, and Earl Herbolsheimer and Melvin Herbolsheimer, who are the administrators of the estate. The amended complaint consists of two counts which are very similar. They identify the parties and…