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AMES v. SAYLER

No. 4-94-0315.

642 N.E.2d 1340 (1994)

267 Ill. App.3d 672

205 Ill.Dec. 223

Mark AMES, Independent Executor of the Estate of Whitney D. Ames, Deceased, Plaintiff-Appellant, v. Genevieve B. SAYLER et al., Defendants-Appellees (James B. Sayler et al., Co-Trustees of the Revocable Living Trust of James B. Sayler and Genevieve B. Sayler, et al., Counterclaimants and Third-Party Plaintiffs, Mark Ames, Independent Executor of the Estate of Whitney D. Ames, Deceased, et al., Counterdefendants and Third-Party Defendants).

Appellate Court of Illinois, Fourth District.

November 8, 1994.

Attorney(s) appearing for the Case

R. Glen Wright (argued), Vernon L. Plummer, II, Plummer & Wright, Shelbyville, for appellant.

Ralph D. Glenn (argued), Glenn & Logue, Mattoon, for appellees.

Justice COOK delivered the opinion of the court:

The question in this case is whether a decedent's estate may continue to farm land which had been farmed by the decedent as a tenant. The trial court held it could not, on these facts. We affirm.

For approximately 20 years prior to his death, Whitney D. Ames (decedent) farmed 77.5 acres of land belonging to defendants, Genevieve Sayler, James Bain, and Donald Bain, pursuant to an oral lease. Under the lease...

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