IN RE ESTATE OF STANFORD

No. 5-89-0450.

581 N.E.2d 842 (1991)

221 Ill. App.3d 154

163 Ill.Dec. 688

In re ESTATE OF Arvilla S. STANFORD, Deceased Carole Miller, Petitioner-Appellee, v. Evelyn Bissey, as Executor of the Estate of Arvilla S. Stanford, Deceased; and Evelyn Bissey, Respondents-Appellants, Shirley Rathburn et al., Petitioners; H. Carroll Bayler and Clay City Banking Company, Trustee of the Arvilla S. Stanford Trust No. 22-1, Appellants.

Appellate Court of Illinois, Fifth District.

November 5, 1991.


Attorney(s) appearing for the Case

H. Carroll Bayler, Louisville, and Thomas J. Logue of Glenn & Logue, Mattoon, for Evelyn Bissey, Executor of the Will of Arvilla S. Stanford, Deceased, and Evelyn Bissey.

James B. Wham, Wham & Wham, Centralia, for Clay City Banking Co.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago (Stephen R. Swofford, Nancy G. Lischer, Mark D. Bauman, of counsel), for H. Carroll Bayler.

Smith, McCollum & Riggle, Flora, Croegaert, Clark & Hough, Ltd., Olney (Patrick L. Duke, Paul A. Croegaert, of counsel), for Carole Miller, et al.

Mark Tungate, Flora, guardian ad litem for the unknown minors, or disabled heirs, devisees, legatees, and trust beneficiaries.


Justice LEWIS delivered the opinion of the court:

This cause comes on for appeal from the judgment of the circuit court of Clay County wherein the court determined that it lacked personal jurisdiction over one of the heirs, Carole Miller; vacated all orders entered following the admittance of Arvilla S. Stanford's (the decedent's) will to probate; and reopened the estate for probate. The court found that the notice requirements...

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