(Download) "People v. Baker" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Baker
- Author : Supreme Court of Illinois
- Release Date : January 17, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Marie Adams, as former administrator of the estate of Lelia Weir, and as executor of the estate of Naomi Hoffman, her mother, appeals from the decision and judgment of the circuit court in this probate matter. Adams was appointed administrator of the estate of Lelia Weir in March 1982, her petition indicating that Lelia Weir died on September 6, 1981, leaving no will. Subsequent to Adams appointment, Rebecca Zaborac, appellee herein, filed a petition for probate of will and letters testamentary, requesting admission to probate of a lost will of the decedent, dated April 26, 1978. A copy of the will was attached to the petition. A hearing on the admission of the lost will to probate, as Lelia Weirs last will and testament, was scheduled and the trial court authorized Marie Adams, as sitting administrator of the estate, to employ counsel, on behalf of the estate and at estate expense, to represent the estate in that proceeding. Marie Adams did so and vigorously attacked the validity of the April 26, 1978, will as the decedents valid last will and testament. A hearing on the admission of the lost will to probate was held over two days, in June of 1982, before the trial judge. A number of witnesses testified concerning that will and concerning Lelia Weirs intention respecting the disposition of her property upon death. The focus of the hearing was a mimeographed copy of the April 26, 1978, will made by Lelia Weir and actions and statements by her respecting the main beneficiary thereunder, Rebecca Zaborac. At the conclusion of the hearing, which produced much conflicting testimony as to Lelia Weirs intentions and attitudes, the trial judge found that the presumption of revocation by failure to produce the original had been overcome by petitioner, Rebecca Zaborac. The court admitted the April 26, 1978, will to probate as Lelia Weirs last will and testament. Its order appointed Rebecca Zaborac as executor, named in the will, and the court also revoked the letters of administration previously issued to Marie Adams. Notice of the admission of the will to probate (Ill. Rev. Stat. 1981, ch. 110 1/2, par. 6-10) and of the heirs rights to file a petition for formal proof Page 20 of the will, under section 6-21 of the Probate Act of 1975 (Ill. Rev. Stat. 1981, ch. 110 1/2, par. 6-21) was sent to the 51 heirs of the decedent, including Naomi Hoffman, a cousin of Lelia Weir and mother of Marie Adams.
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