In Re Estate of Lanterman

In this appeal which we allowed on plaintiffs application under Supreme Court Rule 308 (87 Ill. 2d R. 308) we are called upon to decide two questions certified by the trial court: (1) the right to maintain a partition action during the pendency of an estate in probate, and (2) the authority of the circuit court to stay a partition action pending the resolution of a will contest action involving the estate of one of the co-tenants. For the reasons given below, we affirm the trial court’s stay of the partition action until the estate is closed and the will contest is resolved.

The main thrust of…