Franciscan Sisters Health Care Corp. v. Dean

Defendant John R. Dean prepared Mrs. Elizabeth Messmer’s final will on February 7, 1978. After making two small specific bequests the will further provided:

“All the rest and residue of my estate, personal and mixed, I give, devise and bequeath in equal parts among them to St. Elizabeth Hospital of Danville, Illinois and my long time friend and advisor John R. Dean, or his heirs.”

Mrs. Messmer died in St. Elizabeth Hospital on April 10, 1979, at the age of 97, and the will was admitted to probate shortly after Mrs. Messmer’s death. The hospital’s and Dean’s shares were each worth approximately…