Sikorowski v. Perrye

This is a citation proceeding in the estate of a deceased person (Ill Rev Stats 1963, c 3, § 183). Petitioner, Harriet Sikorowski, appeals from a Probate Division order, which quashed a citation summons and denied her petition. She contends there never has been a hearing on the merits of the allegations of her petition. Respondents assert estoppel by verdict and laches.

The decedent, Julia Oppenheim, died testate on June 25, 1960, and Joseph Perrye was appointed executor on March 24, 1961. On March 16, 1961, during the pendency of the petition for the admission of decedent’s will, petitioner,…