In Re Estate of Casey

The executor of the estate of Velma Leota Casey brought a citation proceeding to recover certain estate property which was in respondents’ possession. The respondents claimed the property in question was theirs through an inter vivos gift from the decedent. A Sangamon County circuit court jury concluded that all property in question, excepting one automobile, belonged to the estate. The respondents appeal, claiming the jury was improperly instructed as to the burden of proof and the estate failed to set forth a prima facie case of ownership with regard to certain certificates of deposit.

The…