Perry v. Estate of Carpenter

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

In this appeal, we consider whether a contract for the sale of a disabled person’s home was properly set aside by the circuit court based upon equitable considerations. In the proceedings below, Damon D. Perry’s contract to purchase a house from the disabled person’s estate was initially approved by the probate court, but was later unilaterally voided by the guardian ad litem of the estate in reliance upon the mortgage contingency provisions. During a hearing on Perry’s emergency motion to compel performance, the court ruled that the…