Legal Opinion

Aschauer v. Aschauer

Appellate Court of Illinois

Decided August 31, 1989No. 4-88-0545PublishedCited by 9 opinions

1Opinion of the CourtJustice Knecht

This appeal is taken from the circuit court of Sangamon County. The circuit court found the estate executor had acted imprudently and surcharged the executor for interest costs incurred during his administration of the estate. We agree the executor was imprudent but find the objector is precluded from raising objections on appeal which were not raised in the circuit court at the time each account was approved.

The decedent Eda M. Aschauer died on April 30, 1978, in Springfield, Illinois. She died testate leaving among her heirs her son Joseph, the executor of her will, and her daughter Edith,…

2Cases cited5 opinions

  1. Roe v. Estate of FarrellIllinois Supreme Court · 1978
  2. Lawless v. LawlessAppellate Court of Illinois · 1958
  3. Citizens National Bank v. EkissAppellate Court of Illinois · 1963
  4. In Re Estate of LindbergAppellate Court of Illinois · 1981
  5. Connor v. AllenAppellate Court of Illinois · 1959

3Cited by9 opinions

  1. In Re Estate of FunkIllinois Supreme Court · 2006
  2. In Re Estate of WallenAppellate Court of Illinois · 1994
  3. Kanfer v. Busey Trust CompanyAppellate Court of Illinois · 2013
  4. United States v. PrintyAppellate Court of Illinois · 2004
  5. Fullco Lumber Co. v. DonatAppellate Court of Illinois · 1994

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