Legal Opinion

Estate of Malcolm

Appellate Court of Illinois

Decided September 11, 1992No. 1-91-1824PublishedCited by 7 opinions

1Opinion of the Court

PRESIDING JUSTICE EGAN

delivered the opinion of the court:

The plaintiffs, James Bailey, Daniel Bailey and Michael Bailey, appeal from an order dismissing their petition to contest a will. The sole issue is whether they had standing to contest the will.

Vera Malcolm died on November 26, 1989. In the two years before her death, she allegedly executed three separate wills. The plaintiffs are not heirs of the decedent but were legatees under all three wills.

Under the terms of the first will, dated April 7, 1988, Michael Bailey received a general legacy of $7,500; James and Daniel Bailey were named…

2Cases cited3 opinions

  1. Kelley v. FIRST STATE BK. OF PRINCETONAppellate Court of Illinois · 1980
  2. Estate of MoleraCalifornia Court of Appeal · 1972
  3. In Re Estate of KeenerAppellate Court of Illinois · 1988

3Cited by7 opinions

  1. In Re Estate of SchlenkerAppellate Court of Illinois · 2003
  2. In re Estate of John SchumannAppellate Court of Illinois · 2017
  3. In Re Estate of Samuel DattelCourt of Appeals of Tennessee · 2020
  4. In Re: Estate of J. Don BrockTennessee Supreme Court · 2017
  5. In re Estate of SchlenkerAppellate Court of Illinois · 2003

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