Kresse v. Union Planters Bank, NA

In December 1998, Christine Kresse, decedent Bernadine Goffinet’s daughter, commenced this áction by filing claims against the estate for personal services rendered as guardian of Bernadine’s person (755 ILCS 5/1 la — 17 (West 1992)) from October 1993 to June 1998. During trial, the court barred a portion of Kresse’s testimony based upon section 8 — 201 of the Code of Civil Procedure (Code), often referred to as the Dead-Man’s Act (alternately referred to herein as the Act) (735 ILCS 5/8 — 201 (West 1998)). Kresse appeals, arguing that (1) the trial court erred in its application of the Act…