Prosen v. Chowaniec

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

Plaintiff initiated an action alleging tortious interference with an expectancy under a will and sought a constructive trust, an accounting, an injunction, and other relief in the chancery division of the circuit court of Cook County on October 19, 1987. On March 21, 1989, the chancery court transferred the case to the probate division. While the will was on file in probate court, neither party moved to admit decedent’s will to probate and to open an estate. As a result, the probate court, of course, was unable to take action upon…