Krasauski v. Birbalas

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

In a single action in the Superior Court of Cook County, plaintiff sought to set aside a will, in which defendant is named sole beneficiary, and also, to set aside deeds which resulted in defendant’s sole ownership of the decedent’s real estate. The trial court dismissed the action after sustaining defendant’s motion to dismiss, grounded on the premise that the court did not have “jurisdiction of the subject matter” and that “Plaintiff has not legal capacity to sue.” Plaintiff’s appeal to the Supreme Court was transferred here…