Legal Opinion

Monmouth Trust & Savings Bank v. Missavage

Appellate Court of Illinois

Decided May 21, 1981No. 80-466Published

1Opinion of the CourtJustice Mills

Renunciation of will by conservator.

The bare-bones record from below is slipshod and slack. But from it we conclude that the trial court erred in permitting the renunciation.

We reverse.

John D. Lynch, Jr., died January 9, 1980, leaving a will and a wife.

His 94-year-old widow’s conservator, Citizens National Bank of Macomb, petitioned April 11, 1980, to renounce the will and take her statutory one-third share of his estate. (Ill. Rev. Stat. 1979, ch. 110%, par. 2 — 8(a).) The conservator also requested a spouse’s award of $40,000. (Ill. Rev. Stat. 1979, ch. 110%, par. 15 — 1.) After hearing…

2Cases cited5 opinions

  1. Logue v. Von AlmenIllinois Supreme Court · 1941
  2. Kinnett v. HoodIllinois Supreme Court · 1962
  3. Rock Island Bank & Trust Co. v. First National BankIllinois Supreme Court · 1962
  4. Bradley v. GallagherAppellate Court of Illinois · 1973
  5. In Re Estate of DaltonIllinois Supreme Court · 1975

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