Legal Opinion · Concurrence

Conservatorship of Browne

Appellate Court of Illinois

Decided November 23, 1977No. 76-303Published

1Concurrence

Mr. JUSTICE BARRY,

specially concurring:

Although I agree with the result reached by the majority, I believe the majority’s reasoning supporting that result is incorrect. As a matter of public policy, the preference given to relatives in obtaining and nominating other persons for letters of administration should also apply to obtaining or nominating for the letters of conservatorship. (See Rathbun v. Rimmerman (2d Dist. 1955), 6 Ill. App. 2d 101, 126 N.E.2d 856.) Therefore, I believe, the order of preference set out at section 9 — 3 of the Probate Act of 1975 (Ill. Rev. Stat. 1975, ch. 3, par.…

2Cases cited2 opinions

  1. In Re Estate of LamontAppellate Court of Illinois · 1973
  2. Rathbun v. RimmermanAppellate Court of Illinois · 1955

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