In Re Estate of Marcucci

Mr. PRESIDING JUSTICE STAMOS

dissenting:

When this case was originally argued and decided, I concurred with the majority on the question of whether the Circuit Court has jurisdiction to decide whether a contract to make an irrevocable will was made by Dominick Marcucci in 1950. Upon reconsidering the case on rehearing, however, it became apparent that the decision should not turn upon whether that court possessed the requisite jurisdiction to decide that issue, but rather upon a determination of whether the issue is relevant to a proceeding to admit a will to probate and whether an irrevocable…