IN RE ESTATE OF KAPLAN

Nos. 1-90-1444, 1-90-2499.

579 N.E.2d 963 (1991)

219 Ill. App.3d 448

162 Ill.Dec. 149

In re ESTATE OF Celia F. KAPLAN, Deceased (Abraham Agran Co-Executor of The Estate of Celia F. Kaplan, Petitioner-Appellee, v. Joel B. Furlett, et al., as Co-Executors of the Estate of Arthur Furlett, Respondents-Appellants (Franklin J. Furlett, et al., Intervening Petitioners-Appellees)).

Appellate Court of Illinois, First District, Sixth Division.

September 6, 1991.


Attorney(s) appearing for the Case

Lindenbaum Coffman Kurlander Brisky & Hayes, Ltd. Chicago (Leon E. Lindenbaum, of counsel), for respondents-appellants.

Katz Randall & Weinberg, Chicago (Jeffrey H. Bunn, of counsel), for intervening petitioners-appellees.

Agran & Agran, Ltd. Chicago (Martin S. Agran, of counsel), for petitioner-appellee.


Justice McNAMARA delivered the opinion of the court:

This consolidated appeal, which arises out of the probate of the estate of Celia Kaplan, presents the following issues: 1) whether a 1937 will constituted a joint and mutual will; and 2) whether a joint account established by Celia Kaplan was proved to have been a joint tenancy of convenience rather than a true joint tenancy.

On December 9, 1937, Morris and Celia Kaplan executed a one-page testamentary instrument...

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