Favata v. Favata

*Mr. JUSTICE BUCKLEY delivered the opinion of the court:

Plaintiff, Theresa Favata, filed a complaint for declaratory judgment seeking to set aside an amendment to a land trust agreement. Plaintiff contended that this amendment, dated August 10, 1976 (1976 amendment), was an attempted testamentary disposition of real estate and violated the concept and definition of an Illinois land trust. Defendant Joseph Favata, Jr., filed a motion to strike and dismiss contending, among other things, that a July 18,1975, amendment (1975 amendment), also was a void testamentary disposition. The trial court…