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WILLIAMSON v. WILLIAMSON

No. 1-93-3401.

657 N.E.2d 651 (1995)

275 Ill.App.3d 999

212 Ill.Dec. 450

Estate of Robert E. WILLIAMSON, Sr., Deceased, Petitioner-Appellant, v. Joseph H. WILLIAMSON, Administrator of the Estate of Joseph Williamson, Legatee-Heir under the will of Robert E. Williamson, Sr., Respondent-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied November 9, 1995.

As Modified November 21, 1995.

Attorney(s) appearing for the Case

Howard B. Brookins, Jr., P.C., & Associates, Chicago, for Appellant; (Howard B. Brookins, Jr., of counsel).

Marcia L. Sabesin, Chicago, for Appellee, Joseph H. Williamson.

Chuhak & Tecson, P.C., Chicago, for Interested Party Consuelo Williamson; (Barry A. Feinberg, James W. Naisbitt, of counsel).

MODIFIED ON DENIAL OF REHEARING

Presiding Justice SCARIANO delivered the opinion of the court:

The sole issue in this case is whether the equitable doctrine of election applies to validate the devise of property which had been held by the testator and one of his children in joint tenancy and which the testator therefor had no right to devise. For reasons that follow, we hold that the equitable doctrine of election does not apply to a devise of such...

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