IN RE ESTATE OF MANK

No. 1-96-2699.

699 N.E.2d 1103 (1998)

298 Ill. App.3d 821

232 Ill.Dec. 918

In re ESTATE OF HELEN M. MANK, Deceased (Sally Palmer Canfield, Denise Ferchaud, Anne Stentiford, Gregory Stentiford, Mitchell Stentiford, Kari Stentiford-Bynum, Betsy Youngquist, Charles Youngquist, Jeremy Youngquist, Joseph Youngquist, Lance Youngquist, Matthew Youngquist, and Susannah Youngquist, Petitioners-Appellants, v. Stefan I. Mozer, Guardian of Alvin W. Mank, and First National Bank of Chicago, Adm'r with the Will Annexed of the Estate of Alvin W. Mank, Deceased, Respondents-Appellees).

Appellate Court of Illinois, First District, Fifth Division.

August 14, 1998.


Attorney(s) appearing for the Case

Michael J. Fahy, Chicago, for Petitioners-Appellants.

Michael J. Brody, Paul K. Rhoads, Rosalie Murphy, David C. Blickenstaff of Schiff, Hardin & Waite, Chicago, for First National Bank of Chicago.

James E. Ryan, Atty. Gen., Barbara A. Preiner, Sol. Gen., Chicago (John P. Schmidt, Asst. Atty. Gen., of counsel), for Charitable Trusts.


Justice THEIS delivered the opinion of the court:

We are asked to decide whether the trial court erred when, as a matter of public policy, it refused to disinherit a disabled adult ward under the terms of the in terrorem clause in his deceased sister's will because his court-appointed guardian, at the suggestion of the court, filed a petition to contest the will for the limited purpose of tolling the statute of limitations. For the following reasons, we affirm...

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